Minnesota Legislature
SF 3813
1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - 1st Engrossment
2.31 2.32
2.33 2.34 2.35 2.36 2.37 2.38 2.39 2.40 2.41 2.42 2.43 2.44 2.45 2.46 2.47 2.48 3.1 3.2 3.3 3.4 3.5
3.6 3.7
3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15
4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34
5.1 5.2 5.3 5.4 5.5 5.6 5.7
5.8 5.9 5.10 5.11 5.12 5.13
5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34
7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8
7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27
7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5
8.6 8.7 8.8 8.9 8.10 8.11 8.12
8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 9.1 9.2
9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12
9.13 9.14 9.15 9.16 9.17 9.18 9.19
9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 10.1 10.2 10.3 10.4 10.5
10.6 10.7 10.8 10.9 10.10 10.11 10.12
10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22
10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 11.1 11.2 11.3
11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12
13.13 13.14
13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8
15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16
15.17
15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25
15.26
15.27 15.28 15.29 15.30 15.31 15.32 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12
16.13
16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24
16.25
16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 17.35 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 18.35 18.36 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 19.35 19.36 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 20.36 21.1 21.2
21.3
21.4 21.5 21.6 21.7 21.8 21.9
21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20
22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 23.35 24.1 24.2
24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14
24.15 24.16 24.17 24.18 24.19 24.20 24.21
24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15
25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29
25.30 25.31 25.32 26.1 26.2
26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12
26.13 26.14 26.15
26.16 26.17 26.18 26.19 26.20 26.21
26.22
26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9
27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19
27.20 27.21
27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16
28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 28.35 29.1 29.2 29.3 29.4 29.5 29.6
29.7
29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12
30.13
30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 31.35 31.36 32.1 32.2
32.3
32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 33.35 33.36 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 34.35 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12
35.13 35.14 35.15 35.16
35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18
36.19
36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 37.1 37.2 37.3 37.4
37.5
37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33
38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18
38.19 38.20
38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28
38.29 38.30
38.31 38.32 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9
39.10 39.11
39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20
39.21 39.22
39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 40.1 40.2
40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14
40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32
41.33 41.34 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 42.36 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21
43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 43.35 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13
44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32
44.33
45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14
45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28
45.29 45.30 45.31 45.32 45.33 46.1 46.2 46.3 46.4
46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14
46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32
46.33
47.1 47.2 47.3 47.4 47.5 47.6 47.7
47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24
47.25 47.26
47.27 47.28 47.29 47.30 47.31 47.32 47.33 47.34 48.1 48.2 48.3 48.4 48.5 48.6 48.7
48.8
48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9
49.10
49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 50.35 50.36 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26
51.27
51.28 51.29 51.30 51.31 51.32 51.33 51.34 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14
52.15 52.16
52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24
52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30
53.31 53.32 53.33 53.34 54.1 54.2 54.3 54.4 54.5 54.6 54.7
54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32
54.33
54.34 55.1 55.2 55.3 55.4
55.5 55.6
55.7 55.8 55.9 55.10 55.11 55.12
55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20
55.21 55.22
55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 56.1 56.2 56.3 56.4 56.5 56.6 56.7
56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13
57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25
57.26 57.27
57.28 57.29 57.30 57.31 57.32 57.33 57.34 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10
58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 59.1 59.2 59.3
59.4 59.5 59.6 59.7 59.8 59.9
59.10
59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21
59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25
60.26
60.27 60.28 60.29 60.30
60.31 60.32 60.33 60.34 61.1 61.2
61.3 61.4 61.5 61.6 61.7 61.8
61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19
61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27
61.28 61.29 61.30 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8
62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20
62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31
62.32 62.33 62.34 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8
63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19
63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28
63.29 63.30 63.31 63.32 63.33 63.34 63.35 63.36 64.1 64.2 64.3 64.4 64.5
64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16
64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26
64.27 64.28 64.29 64.30 64.31 64.32 64.33 65.1 65.2
65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14
65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25
65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 65.35
66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8
66.9 66.10 66.11 66.12 66.13 66.14 66.15
66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27
66.28 66.29 66.30 66.31 66.32 66.33 66.34 67.1 67.2 67.3
67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14
67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25
67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 68.1 68.2 68.3 68.4
68.5 68.6
68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18
68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33
68.34 68.35 68.36 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23
69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 70.35 70.36 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24
71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25
72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34
73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25
73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 73.35 74.1
74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13
74.14 74.15 74.16 74.17
74.18 74.19
74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31
74.32 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13
75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 76.1 76.2 76.3
76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18
76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 77.35
78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22
78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25
81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22
82.23
82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 82.35 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18
83.19
83.20 83.21
83.22 83.23
83.24 83.25 83.26 83.27 83.28 83.29 83.30
83.31 83.32 83.33 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12
84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21
84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12
87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32
87.33 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9
88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 88.34 88.35 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 89.35 89.36 90.1 90.2 90.3 90.4 90.5 90.6 90.7
90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25
90.26
90.27 90.28 90.29 90.30 90.31 90.32 90.33 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 91.34 91.35 91.36 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 92.34 92.35 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 93.34 93.35 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21
94.22 94.23
94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 94.33 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11
95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 95.34 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34
96.35 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 97.34 97.35 97.36 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26
98.27 98.28 98.29 98.30 98.31 98.32 98.33 98.34 98.35 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 99.34 99.35 99.36 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19
100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33
100.34 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 101.35 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 103.34 103.35 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31
104.32 104.33 104.34 105.1 105.2 105.3 105.4
105.5 105.6 105.7 105.8 105.9 105.10
105.11
105.12 105.13
105.14 105.15 105.16 105.17 105.18
105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32
106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22
106.23 106.24 106.25 106.26 106.27
106.28 106.29 106.30 106.31 106.32 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18
107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 107.34 107.35 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15
108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 108.34 108.35
109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10
109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 109.35 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33
111.1 111.2
111.3 111.4 111.5 111.6 111.7
111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21
111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16
112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 112.34 112.35 113.1 113.2 113.3 113.4 113.5 113.6 113.7
113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 113.35 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 114.34 114.35
115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 115.34 115.35 115.36 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25
116.26
116.27 116.28 116.29 116.30 116.31 116.32 116.33 116.34 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23
117.24
117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 117.34 117.35
118.1 118.2
118.3 118.4 118.5 118.6 118.7
118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21
118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30
120.31 120.32 120.33 120.34 121.1 121.2
121.3 121.4 121.5 121.6 121.7 121.8
121.9 121.10
121.11 121.12 121.13 121.14 121.15
121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29
121.30 121.31 121.32 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16
122.17 122.18 122.19 122.20 122.21
122.22 122.23 122.24
122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30
123.31 123.32 123.33 123.34 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10
124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19
124.20 124.21 124.22 124.23 124.24 124.25
124.26 124.27 124.28 124.29 124.30 124.31 124.32 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10
125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23
125.24 125.25
125.26 125.27 125.28 125.29 125.30
125.31 125.32 125.33 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11
126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29
126.30 126.31 126.32 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29
129.30 129.31 129.32 129.33 129.34 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16
130.17 130.18
130.19 130.20 130.21 130.22
130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 131.1 131.2 131.3 131.4 131.5 131.6 131.7
131.8 131.9 131.10 131.11 131.12
131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 131.34 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19
132.20
132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31
132.32 132.33 132.34 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34
133.35
134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17
134.18 134.19 134.20 134.21 134.22 134.23 134.24
134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 134.34 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10
135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34 136.1 136.2 136.3 136.4 136.5 136.6 136.7
136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 136.35 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16
137.17
137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 137.33 137.34 138.1 138.2 138.3 138.4
138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 138.33 138.34 138.35 139.1 139.2 139.3 139.4 139.5 139.6 139.7
139.8 139.9
139.10 139.11 139.12 139.13 139.14
139.15
139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26
139.27
139.28 139.29 139.30 139.31 139.32 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14
140.15
140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 140.34 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25
141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33 141.34 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31
142.32 142.33 142.34 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9
143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 143.35 144.1 144.2 144.3 144.4
144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34 144.35 145.1 145.2 145.3 145.4 145.5
145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 146.35 146.36 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 147.34 147.35 147.36 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 148.35 148.36 149.1 149.2 149.3
149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 149.33 149.34 149.35 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 150.34 150.35 150.36 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 151.34 151.35 151.36 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 152.33 152.34 152.35 152.36 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 153.33 153.34 153.35 153.36 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13
154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29
154.30 154.31 154.32 154.33 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22
155.23
155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32
155.33 156.1 156.2 156.3 156.4
156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 156.34 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14
157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24
157.25 157.26
157.27 157.28 157.29 157.30 157.31 157.32 157.33 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 158.34 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 159.35 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 160.34 160.35
161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17
161.18
161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 161.34 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8
162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23
162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 163.34 163.35 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 164.33 164.34 164.35 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 165.33 165.34 165.35 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 166.34 166.35 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 167.33 167.34 167.35 167.36 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 168.34 168.35 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 169.34 169.35 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 170.34 170.35 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21
171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30
171.31 171.32 171.33 171.34 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25
172.26
172.27 172.28 172.29 172.30 172.31 172.32 172.33 172.34 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28
173.29 173.30
173.31 173.32
173.33 173.34 173.35 174.1 174.2 174.3 174.4
174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19
174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 174.33 174.34 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13
175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21
175.22 175.23 175.24 175.25
175.26 175.27 175.28 175.29 175.30 175.31 176.1 176.2 176.3 176.4 176.5 176.6 176.7
176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15
176.16 176.17
176.18 176.19 176.20 176.21 176.22 176.23 176.24
176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 176.33 177.1 177.2 177.3 177.4 177.5 177.6
177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 177.32 177.33 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12
178.13 178.14 178.15
178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 179.1 179.2 179.3 179.4 179.5 179.6
179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15
179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27
180.28 180.29
180.30 180.31 180.32 180.33 180.34
181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15
181.16 181.17 181.18 181.19 181.20 181.21
181.22
181.23 181.24 181.25 181.26
181.27
181.28 181.29 181.30 181.31 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24
182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 182.34 182.35 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12
183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27
183.28 183.29
183.30 183.31
183.32 184.1 184.2 184.3 184.4
184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18
184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9
185.10
185.11
185.12
185.13 185.14 185.15 185.16
185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29
185.30 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24
186.25 186.26 186.27 186.28 186.29 186.30 186.31 186.32 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14
187.15 187.16 187.17 187.18 187.19 187.20 187.21
187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 187.33 188.1 188.2 188.3
188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 188.33 188.34 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 189.32 189.33 189.34 189.35 189.36 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31
190.32
190.33 191.1 191.2 191.3
191.4 191.5 191.6 191.7
191.8 191.9 191.10 191.11 191.12 191.13 191.14
191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 191.33 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 192.31
192.32 192.33 192.34 192.35 193.1 193.2 193.3 193.4 193.5
193.6 193.7 193.8 193.9 193.10 193.11 193.12
193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23
193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31
193.32 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14
194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22
194.23 194.24 194.25 194.26 194.27 194.28 194.29
194.30 194.31 194.32
195.1 195.2 195.3 195.4 195.5
195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14
195.15 195.16 195.17 195.18 195.19
195.20 195.21 195.22 195.23
195.24 195.25 195.26 195.27
195.28 195.29 195.30 195.31 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11
196.12 196.13 196.14 196.15 196.16
196.17 196.18
196.19 196.20
196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31 196.32 196.33 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23
197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 197.32 197.33 197.34 197.35 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33 198.34 198.35 198.36 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32 199.33 199.34 199.35 199.36 200.1 200.2 200.3 200.4 200.5 200.6
200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21
200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32 200.33 201.1 201.2 201.3
201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 201.32 201.33 201.34 201.35 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29
202.30 202.31 202.32 202.33 202.34 202.35 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11
203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 203.32 203.33 203.34 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32 204.33 204.34 204.35 204.36 205.1 205.2 205.3
205.4
205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31 205.32 205.33
206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14
206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32 206.33 206.34 206.35 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13
207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 207.33 207.34 207.35 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18
208.19 208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31
208.32 208.33 208.34 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15
209.16 209.17
209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 209.32 209.33 209.34 209.35 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 210.33 210.34 210.35 210.36 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31 211.32 211.33 211.34 212.1 212.2 212.3
212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25
212.26 212.27 212.28 212.29 212.30 212.31 212.32 212.33 213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24
213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32 213.33 213.34 213.35 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29
214.30 214.31 214.32 214.33 214.34 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32 215.33 215.34 215.35 215.36 216.1 216.2 216.3 216.4 216.5 216.6
216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32 216.33 216.34 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21 217.22 217.23
217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 217.32 217.33
217.34 218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21
218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 218.30 218.31 218.32 218.33 218.34
219.1 219.2
219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 219.31 219.32 219.33 219.34 219.35 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28 220.29 220.30 220.31 220.32 220.33 220.34 220.35 220.36 221.1 221.2 221.3 221.4 221.5 221.6 221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 221.31 221.32 221.33 221.34 221.35 221.36 222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 222.32 222.33 222.34 222.35 222.36 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28 223.29 223.30 223.31 223.32 223.33 223.34 223.35 223.36 224.1 224.2 224.3 224.4 224.5 224.6 224.7 224.8 224.9 224.10 224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 224.32 224.33 224.34 224.35 224.36 225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18 225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 225.31 225.32 225.33 225.34 225.35 225.36 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 226.30 226.31 226.32 226.33 226.34 226.35 226.36 227.1 227.2 227.3 227.4 227.5
227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24 227.25 227.26
227.27 227.28 227.29 227.30 227.31 227.32 227.33 227.34 228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20 228.21 228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29 228.30 228.31 228.32 228.33 228.34 228.35 228.36 229.1 229.2 229.3 229.4 229.5 229.6 229.7 229.8 229.9 229.10
229.11 229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25 229.26
229.27 229.28 229.29 229.30 229.31
229.32
230.1 230.2 230.3 230.4 230.5 230.6 230.7 230.8 230.9 230.10 230.11 230.12 230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29 230.30 230.31 230.32 230.33 230.34 230.35 230.36 231.1 231.2 231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16 231.17 231.18 231.19 231.20 231.21 231.22 231.23 231.24 231.25 231.26 231.27 231.28 231.29
231.30 231.31 231.32 231.33 231.34 232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13 232.14 232.15 232.16 232.17
232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25 232.26 232.27 232.28 232.29 232.30 232.31 232.32 232.33 232.34
232.35 232.36 233.1 233.2 233.3 233.4 233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25 233.26 233.27 233.28 233.29 233.30 233.31 233.32 233.33 233.34 233.35 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8 234.9 234.10
234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22 234.23 234.24 234.25 234.26 234.27 234.28 234.29
234.30 234.31 234.32 234.33 234.34 235.1 235.2 235.3 235.4 235.5 235.6 235.7 235.8 235.9 235.10 235.11
235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20 235.21 235.22 235.23 235.24 235.25 235.26 235.27 235.28 235.29 235.30
235.31 235.32 235.33 235.34 236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17
236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29 236.30 236.31 236.32 236.33 236.34 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8
237.9 237.10 237.11 237.12 237.13 237.14 237.15 237.16 237.17 237.18
237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30 237.31 237.32 237.33 237.34 238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9 238.10 238.11 238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26 238.27 238.28 238.29 238.30 238.31 238.32 238.33 238.34 238.35 239.1 239.2 239.3 239.4 239.5 239.6 239.7 239.8 239.9 239.10 239.11 239.12 239.13 239.14 239.15 239.16 239.17 239.18
239.19 239.20 239.21 239.22 239.23 239.24 239.25 239.26 239.27 239.28 239.29 239.30 239.31 239.32 239.33 239.34 240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15 240.16 240.17
240.18 240.19 240.20 240.21 240.22 240.23 240.24 240.25 240.26 240.27 240.28 240.29 240.30 240.31 240.32 240.33 240.34 240.35 241.1 241.2 241.3
241.4
241.5 241.6 241.7 241.8 241.9 241.10 241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22 241.23 241.24 241.25 241.26 241.27 241.28 241.29 241.30 241.31 241.32 241.33 241.34 242.1 242.2 242.3 242.4 242.5 242.6 242.7 242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19 242.20 242.21 242.22 242.23 242.24 242.25 242.26 242.27
242.28
242.29 242.30 242.31 242.32 242.33 242.34 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14 243.15 243.16 243.17 243.18 243.19 243.20 243.21 243.22 243.23 243.24 243.25 243.26 243.27 243.28 243.29 243.30 243.31 243.32 243.33 243.34 243.35 244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8 244.9 244.10 244.11 244.12 244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 244.31 244.32 244.33 244.34 244.35 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 245.31 245.32 245.33 245.34 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 246.31 246.32 246.33 246.34 246.35 247.1 247.2 247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14 247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25 247.26 247.27 247.28 247.29 247.30 247.31 247.32 247.33 247.34 248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28 248.29 248.30 248.31 248.32 248.33 248.34 248.35 249.1 249.2 249.3 249.4 249.5 249.6 249.7 249.8 249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16 249.17 249.18 249.19 249.20 249.21 249.22 249.23 249.24 249.25 249.26 249.27 249.28 249.29 249.30 249.31 249.32 249.33 249.34 249.35 249.36 250.1 250.2 250.3 250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16 250.17 250.18 250.19 250.20 250.21 250.22 250.23 250.24 250.25 250.26 250.27 250.28 250.29 250.30 250.31 250.32 250.33 250.34 250.35 251.1 251.2 251.3 251.4 251.5 251.6 251.7 251.8 251.9 251.10 251.11 251.12 251.13 251.14 251.15 251.16 251.17 251.18 251.19 251.20 251.21 251.22 251.23 251.24 251.25 251.26 251.27 251.28 251.29 251.30 251.31 251.32 251.33 251.34 252.1 252.2 252.3 252.4 252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14 252.15 252.16 252.17 252.18 252.19 252.20 252.21 252.22 252.23 252.24 252.25 252.26 252.27 252.28 252.29 252.30 252.31 252.32 252.33 252.34 252.35 253.1 253.2 253.3 253.4 253.5 253.6 253.7 253.8 253.9 253.10 253.11 253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26 253.27 253.28 253.29 253.30 253.31 253.32 253.33 253.34 254.1 254.2 254.3 254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17 254.18 254.19 254.20 254.21 254.22 254.23 254.24 254.25 254.26 254.27 254.28 254.29 254.30 254.31 254.32 254.33 254.34 255.1 255.2 255.3 255.4 255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17 255.18
255.19 255.20 255.21
255.22 255.23
255.24 255.25 255.26 255.27 255.28 255.29 255.30 255.31 255.32 255.33 255.34 256.1 256.2 256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10 256.11 256.12 256.13 256.14 256.15
256.16 256.17 256.18 256.19 256.20 256.21 256.22 256.23 256.24 256.25 256.26 256.27 256.28 256.29 256.30 256.31 256.32 256.33 256.34 256.35 257.1 257.2 257.3 257.4 257.5 257.6 257.7 257.8 257.9
257.10 257.11 257.12 257.13 257.14 257.15 257.16 257.17 257.18 257.19 257.20 257.21 257.22 257.23
257.24 257.25 257.26 257.27 257.28 257.29 257.30 257.31 257.32 257.33 257.34 258.1 258.2 258.3 258.4 258.5 258.6 258.7 258.8 258.9 258.10 258.11 258.12 258.13 258.14 258.15 258.16 258.17 258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 258.31 258.32 258.33 258.34 258.35 258.36 259.1 259.2 259.3 259.4 259.5 259.6 259.7 259.8 259.9 259.10 259.11 259.12 259.13 259.14 259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 259.29 259.30 259.31 259.32 259.33 259.34
259.35 260.1 260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9
260.10 260.11 260.12 260.13 260.14 260.15 260.16 260.17 260.18 260.19 260.20 260.21 260.22 260.23 260.24 260.25 260.26 260.27 260.28 260.29 260.30 260.31 260.32 260.33 260.34 260.35 261.1 261.2 261.3 261.4 261.5 261.6 261.7 261.8 261.9 261.10 261.11 261.12
261.13 261.14 261.15 261.16 261.17 261.18 261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 261.30 261.31 261.32 261.33 261.34 262.1 262.2 262.3 262.4 262.5 262.6 262.7 262.8 262.9 262.10 262.11 262.12 262.13 262.14 262.15 262.16 262.17 262.18 262.19 262.20 262.21 262.22 262.23 262.24 262.25 262.26 262.27 262.28 262.29 262.30 262.31 262.32 262.33 262.34 262.35 263.1 263.2 263.3 263.4
263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23 263.24 263.25 263.26 263.27 263.28 263.29 263.30 263.31 263.32 263.33 263.34 264.1 264.2
264.3
264.4 264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14 264.15 264.16 264.17 264.18 264.19 264.20 264.21 264.22 264.23 264.24 264.25 264.26 264.27 264.28 264.29 264.30 264.31
264.32
265.1 265.2 265.3 265.4 265.5 265.6 265.7 265.8 265.9 265.10 265.11 265.12 265.13 265.14 265.15 265.16 265.17 265.18 265.19 265.20 265.21 265.22 265.23 265.24 265.25 265.26 265.27 265.28 265.29 265.30 265.31 265.32 265.33 265.34 265.35 265.36 266.1 266.2 266.3 266.4 266.5 266.6 266.7 266.8 266.9 266.10 266.11 266.12 266.13 266.14 266.15 266.16 266.17 266.18 266.19 266.20 266.21 266.22 266.23 266.24 266.25 266.26 266.27 266.28 266.29 266.30 266.31 266.32 266.33 266.34 266.35 266.36 267.1 267.2 267.3 267.4 267.5 267.6 267.7 267.8 267.9 267.10 267.11 267.12 267.13 267.14 267.15 267.16 267.17 267.18 267.19 267.20 267.21 267.22 267.23 267.24 267.25
267.26 267.27 267.28 267.29 267.30 267.31 267.32 267.33 267.34 268.1 268.2 268.3 268.4 268.5 268.6 268.7 268.8 268.9 268.10 268.11 268.12 268.13
268.14 268.15 268.16 268.17 268.18 268.19 268.20 268.21 268.22
268.23
268.24 268.25 268.26 268.27 268.28 268.29 268.30 268.31 268.32 268.33 269.1 269.2 269.3 269.4 269.5 269.6 269.7 269.8 269.9 269.10 269.11 269.12 269.13 269.14 269.15 269.16 269.17 269.18 269.19 269.20 269.21 269.22 269.23 269.24 269.25 269.26 269.27 269.28 269.29 269.30 269.31 269.32 269.33 269.34 269.35 269.36 270.1 270.2 270.3 270.4 270.5 270.6 270.7 270.8 270.9 270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17 270.18 270.19
270.20
270.21 270.22 270.23 270.24 270.25 270.26 270.27 270.28 270.29 270.30
270.31
270.32 270.33 271.1 271.2 271.3 271.4 271.5 271.6 271.7 271.8 271.9 271.10 271.11 271.12 271.13 271.14 271.15 271.16 271.17 271.18 271.19 271.20 271.21 271.22 271.23 271.24 271.25 271.26 271.27 271.28 271.29 271.30 271.31 271.32 271.33 271.34 271.35 271.36 272.1 272.2 272.3 272.4 272.5 272.6 272.7 272.8 272.9 272.10 272.11 272.12 272.13 272.14 272.15 272.16 272.17 272.18 272.19 272.20 272.21 272.22 272.23 272.24 272.25 272.26 272.27 272.28 272.29 272.30 272.31 272.32 272.33 272.34 273.1 273.2 273.3 273.4 273.5 273.6 273.7 273.8 273.9 273.10 273.11 273.12 273.13 273.14 273.15 273.16 273.17 273.18 273.19 273.20 273.21 273.22 273.23 273.24 273.25 273.26 273.27 273.28 273.29 273.30 273.31 273.32 273.33 273.34 273.35 273.36 274.1 274.2 274.3 274.4 274.5 274.6 274.7 274.8 274.9 274.10 274.11 274.12 274.13 274.14 274.15 274.16 274.17 274.18 274.19 274.20 274.21 274.22 274.23 274.24 274.25 274.26 274.27
274.28 274.29
274.30 274.31 274.32 274.33 274.34 274.35 275.1 275.2 275.3 275.4 275.5 275.6 275.7 275.8 275.9 275.10
275.11 275.12 275.13 275.14 275.15 275.16 275.17 275.18 275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26 275.27 275.28 275.29 275.30 275.31 275.32 275.33 276.1 276.2 276.3 276.4 276.5 276.6 276.7 276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16 276.17 276.18
276.19 276.20
276.21 276.22 276.23 276.24 276.25 276.26 276.27 276.28 276.29 276.30
276.31 277.1 277.2 277.3 277.4 277.5 277.6 277.7 277.8 277.9 277.10 277.11 277.12 277.13 277.14
277.15 277.16 277.17 277.18 277.19 277.20 277.21 277.22 277.23 277.24 277.25 277.26 277.27 277.28 277.29 277.30 277.31 277.32 277.33 277.34 277.35 278.1 278.2 278.3 278.4 278.5 278.6 278.7 278.8 278.9 278.10 278.11 278.12 278.13 278.14 278.15 278.16 278.17 278.18 278.19 278.20 278.21 278.22 278.23 278.24 278.25 278.26 278.27 278.28 278.29 278.30 278.31 278.32 278.33 278.34 279.1 279.2 279.3 279.4 279.5 279.6 279.7 279.8 279.9 279.10 279.11 279.12 279.13 279.14 279.15 279.16 279.17 279.18 279.19 279.20 279.21 279.22 279.23 279.24 279.25 279.26 279.27 279.28 279.29 279.30 279.31 279.32 279.33 279.34 280.1 280.2 280.3 280.4 280.5 280.6 280.7 280.8 280.9 280.10 280.11 280.12 280.13 280.14 280.15 280.16 280.17 280.18 280.19 280.20 280.21 280.22 280.23 280.24 280.25 280.26 280.27 280.28 280.29 280.30 280.31 280.32 280.33 280.34 280.35 281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12 281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24 281.25 281.26 281.27 281.28 281.29 281.30 281.31 281.32 281.33 282.1 282.2 282.3 282.4 282.5 282.6 282.7 282.8 282.9 282.10 282.11 282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19 282.20 282.21 282.22 282.23 282.24 282.25 282.26 282.27 282.28 282.29 282.30 282.31 282.32 282.33 282.34 282.35 283.1 283.2 283.3 283.4 283.5 283.6 283.7 283.8 283.9 283.10 283.11 283.12 283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24 283.25 283.26 283.27 283.28 283.29 283.30 283.31 283.32 283.33 284.1 284.2 284.3 284.4 284.5 284.6 284.7 284.8 284.9 284.10 284.11 284.12 284.13 284.14 284.15 284.16 284.17 284.18 284.19 284.20 284.21 284.22 284.23 284.24 284.25 284.26 284.27 284.28 284.29 284.30 284.31 284.32 284.33 284.34 285.1 285.2 285.3 285.4 285.5 285.6 285.7 285.8 285.9 285.10 285.11 285.12 285.13 285.14 285.15 285.16 285.17 285.18 285.19 285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 285.32 285.33 285.34 285.35 286.1 286.2 286.3 286.4 286.5 286.6 286.7 286.8 286.9 286.10 286.11 286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22 286.23 286.24 286.25 286.26 286.27 286.28 286.29 286.30 286.31 286.32 286.33 286.34 286.35 287.1 287.2 287.3 287.4 287.5 287.6 287.7 287.8 287.9 287.10 287.11 287.12 287.13 287.14 287.15 287.16 287.17 287.18 287.19 287.20 287.21 287.22 287.23 287.24 287.25 287.26 287.27 287.28 287.29 287.30 287.31 287.32 287.33 287.34 287.35 288.1 288.2 288.3 288.4 288.5 288.6 288.7 288.8 288.9 288.10 288.11 288.12 288.13 288.14 288.15 288.16 288.17 288.18 288.19 288.20 288.21 288.22 288.23 288.24 288.25 288.26 288.27 288.28 288.29 288.30 288.31 288.32 288.33 288.34 289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10 289.11 289.12 289.13 289.14 289.15 289.16 289.17 289.18 289.19 289.20 289.21 289.22 289.23 289.24 289.25 289.26 289.27 289.28 289.29 289.30 289.31 289.32 289.33 289.34 290.1 290.2 290.3 290.4 290.5 290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14 290.15 290.16 290.17 290.18 290.19 290.20 290.21 290.22 290.23 290.24 290.25 290.26 290.27 290.28 290.29 290.30 290.31 290.32 290.33 290.34 291.1 291.2 291.3 291.4 291.5 291.6 291.7 291.8 291.9 291.10 291.11 291.12 291.13 291.14 291.15 291.16 291.17 291.18 291.19 291.20 291.21 291.22 291.23 291.24 291.25 291.26 291.27 291.28 291.29 291.30 291.31 291.32 291.33 292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8 292.9 292.10 292.11 292.12 292.13 292.14 292.15 292.16 292.17 292.18 292.19 292.20 292.21 292.22 292.23 292.24 292.25 292.26 292.27 292.28 292.29 292.30 292.31 292.32 292.33 292.34 292.35 293.1 293.2 293.3 293.4 293.5 293.6 293.7 293.8 293.9 293.10 293.11 293.12 293.13 293.14 293.15 293.16 293.17 293.18 293.19 293.20 293.21 293.22 293.23 293.24 293.25 293.26
293.27 293.28 293.29 293.30 293.31 293.32 293.33 294.1 294.2 294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20 294.21 294.22 294.23 294.24 294.25 294.26 294.27 294.28 294.29 294.30 294.31 294.32 294.33 294.34 295.1 295.2 295.3 295.4 295.5 295.6 295.7 295.8 295.9 295.10 295.11 295.12 295.13 295.14 295.15 295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23 295.24 295.25 295.26 295.27 295.28 295.29
295.30
295.31 295.32 296.1 296.2 296.3 296.4 296.5 296.6 296.7 296.8 296.9 296.10 296.11 296.12 296.13 296.14 296.15 296.16 296.17 296.18 296.19 296.20 296.21 296.22 296.23 296.24 296.25 296.26 296.27 296.28 296.29 296.30 296.31 296.32
296.33 296.34 297.1 297.2 297.3 297.4 297.5
297.6 297.7 297.8 297.9 297.10 297.11 297.12 297.13 297.14 297.15 297.16 297.17 297.18 297.19 297.20 297.21 297.22 297.23 297.24 297.25 297.26 297.27 297.28 297.29 297.30 297.31 297.32 297.33 297.34 297.35 298.1 298.2 298.3 298.4 298.5 298.6 298.7 298.8 298.9 298.10 298.11 298.12 298.13 298.14 298.15 298.16 298.17 298.18 298.19 298.20 298.21 298.22 298.23 298.24 298.25 298.26 298.27 298.28 298.29 298.30 298.31 298.32 298.33 298.34 299.1 299.2 299.3 299.4 299.5 299.6 299.7 299.8 299.9 299.10 299.11 299.12 299.13 299.14 299.15 299.16 299.17 299.18
299.19 299.20 299.21 299.22 299.23 299.24 299.25 299.26 299.27 299.28 299.29 299.30 299.31 299.32 299.33 299.34 300.1 300.2 300.3 300.4 300.5 300.6 300.7 300.8 300.9 300.10 300.11 300.12 300.13 300.14 300.15 300.16 300.17 300.18 300.19 300.20 300.21 300.22 300.23 300.24 300.25 300.26 300.27 300.28
300.29 300.30 300.31
300.32 300.33
A bill for an act
relating to the financing of state government; making supplemental
appropriations and reductions in appropriations for early childhood through
grade 12 education, higher education, environment and natural resources,
energy, agriculture, veterans affairs, military affairs, economic development,
transportation, public safety, judiciary, state government, and health and
human services; modifying certain statutory provisions and laws; providing for
certain programs; fixing and limiting fees; authorizing rulemaking; requiring
reports; appropriating money; amending Minnesota Statutes 2006, sections
15.06, subdivision 8; 16B.03; 43A.03, subdivision 3; 43A.08, subdivision 1;
45.013; 84.01, subdivision 3; 97A.045, subdivision 11; 103A.43; 103G.271,
subdivision 6; 115A.908, subdivisions 1, 2; 116.03, subdivision 1; 116J.01,
subdivision 5; 116J.035, subdivision 4; 116J.423, by adding a subdivision;
116J.8731, subdivision 4; 116L.04, subdivision 1; 116L.05, subdivisions 3, 5;
116L.16; 116L.20, subdivision 2; 116U.26; 120B.31, as amended; 120B.35, as
amended; 120B.36, as amended; 120B.362; 121A.19; 122A.21; 122A.415, by
adding subdivisions; 122A.72, by adding a subdivision; 123B.62; 124D.04,
subdivisions 6, 8, 9; 124D.05, by adding a subdivision; 124D.09, subdivision
5; 124D.095, subdivision 10; 124D.118, subdivision 4; 125A.76, by adding a
subdivision; 126C.10, subdivisions 1, 29, 31, 32, 35, 36, by adding a subdivision;
126C.17, subdivisions 6, 9; 126C.40, subdivision 1; 126C.45; 126C.51; 126C.52,
subdivision 2, by adding a subdivision; 126C.53; 126C.55; 127A.45, subdivision
16; 136A.101, subdivision 8; 136A.121, subdivision 5; 136F.60, subdivision 5;
136F.98, subdivision 1; 168.1255, by adding a subdivision; 174.02, subdivision 2;
190.19, subdivision 1, by adding a subdivision; 190.25, subdivision 3, by adding
a subdivision; 192.501, by adding a subdivision; 241.01, subdivision 2; 253B.18,
subdivisions 4c, 5, 5a; 253B.185, by adding a subdivision; 253B.19, subdivisions
2, 3; 256.741, subdivisions 2, 2a, 3; 256.969, subdivision 2b; 256B.0571,
subdivisions 8, 9; 256B.0621, subdivisions 2, 6, 10; 256B.0625, subdivisions
3c, 13e; 256B.0924, subdivisions 4, 6; 256B.19, subdivision 1d; 256B.431,
subdivision 23; 256B.69, subdivisions 5a, 6; 256B.75; 256D.44, subdivisions
2, 5; 256J.24, subdivision 5; 256J.425, subdivision 1; 256J.521, subdivision 4;
256J.54, subdivisions 2, 5; 256J.545; 298.2214, subdivisions 1, 2, as amended;
298.223, subdivision 2; 298.292, subdivision 2, as amended; 298.2961,
subdivision 2; 299A.45, subdivision 1; 357.021, subdivisions 6, 7; 446A.12,
subdivision 1; 462A.209, subdivision 7; 462A.21, by adding a subdivision;
462A.22, subdivision 1; 518A.50; 518A.53, subdivision 5; 626.5572, subdivision
21; Minnesota Statutes 2007 Supplement, sections 35.244; 80A.28, subdivision
1; 116J.575, subdivision 1a; 116L.17, subdivision 1; 120B.30, subdivision 1a;
123B.143, subdivision 1; 123B.54; 124D.095, subdivisions 3, 4, 7; 124D.531,
subdivision 1; 126C.10, subdivision 34; 127A.49, subdivisions 2, 3; 136A.101,
subdivision 5a; 136A.121, subdivision 7a; 136A.128, by adding a subdivision;
144E.45, subdivision 2; 190.19, subdivision 2; 245.4682, subdivision 3; 256.01,
subdivision 2; 256.741, subdivision 1; 256B.0625, subdivision 20; 256B.0631,
subdivisions 1, 3; 256B.5012, subdivision 7; 256J.20, subdivision 3; 256J.49,
subdivision 13; 256J.621; 256J.626, subdivisions 3, 7; 256J.95, subdivision 3;
297I.06, subdivision 3; 298.227; 446A.072, subdivisions 3, 5a; 446A.086; Laws
1997, chapter 21, section 1; Laws 1998, chapter 404, section 23, subdivision 6,
as amended; Laws 1999, chapter 223, article 2, section 72; Laws 2006, chapter
258, section 21, subdivision 14; Laws 2006, chapter 282, article 11, section 2,
subdivision 6; article 20, section 37, as amended; Laws 2007, chapter 54, article
1, section 11; Laws 2007, chapter 57, article 1, section 4, subdivision 4; Laws
2007, chapter 135, article 1, section 3, subdivision 2; Laws 2007, chapter 144,
article 1, sections 3, subdivisions 2, 13, 18; 5, subdivision 2; Laws 2007, chapter
146, article 1, section 24, subdivisions 2, 3, 4, 5, 6, 7, 8; article 2, section 46,
subdivisions 2, 3, 4, 6, 9, 11, 13, 19, 20; article 3, sections 23, subdivision 2;
24, subdivisions 3, 4, 9; article 4, section 16, subdivisions 2, 3, 6, 8; article 5,
sections 11, subdivision 1; 13, subdivisions 2, 3, 4; article 7, section 4; article
9, section 17, subdivisions 2, 3, 4, 8, 9, 13; Laws 2007, chapter 147, article
7, section 71; article 19, sections 3, subdivision 4; 4, subdivision 3; 5; Laws
2007, First Special Session chapter 2, article 1, section 11, subdivisions 1, 2, 6;
proposing coding for new law in Minnesota Statutes, chapters 13B; 17; 35; 43A;
94; 97A; 103B; 116J; 120B; 123B; 124D; 173; 181; 192; 246B; 256B; 446A;
462A; 480; repealing Minnesota Statutes 2006, sections 126C.10, subdivisions
35, 36; 126C.21, subdivision 1; 127A.45, subdivision 7a; 240A.08; 256.741,
subdivision 15; 256J.24, subdivision 6; 609.103; Minnesota Statutes 2007
Supplement, sections 126C.10, subdivision 34; 136A.127; Laws 2007, First
Special Session chapter 2, article 1, section 11, subdivisions 3, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
SUMMARY
Section 1. new text begin GENERAL FUND SUMMARY.
|
new text begin
The amounts shown in this section summarize general fund direct appropriations,
and transfers in from other funds, made in this article.
new text end
|
new text begin
2008 new text end |
new text begin
2009 new text end |
new text begin
Total new text end |
||||
|
new text begin
E-12 Education new text end |
new text begin
$ new text end |
new text begin
(1,315,000) new text end |
new text begin
$ new text end |
new text begin
171,000 new text end |
new text begin
$ new text end |
new text begin
(1,144,000) new text end |
|
new text begin
Higher Education new text end |
new text begin
(5,000,000) new text end |
new text begin
(17,801,000) new text end |
new text begin
(22,801,000) new text end |
|||
|
new text begin
Environment and Natural Resources new text end |
new text begin
(200,000) new text end |
new text begin
(2,850,000 ) new text end |
new text begin
(3,050,000) new text end |
|||
|
new text begin
Energy new text end |
new text begin
(2,800,000) new text end |
new text begin
(1,300,000) new text end |
new text begin
(4,100,000) new text end |
|||
|
new text begin
Agriculture new text end |
new text begin
472,000 new text end |
new text begin
5,490,000 new text end |
new text begin
5,962,000 new text end |
|||
|
new text begin
Veterans Affairs new text end |
new text begin
(5,200,000) new text end |
new text begin
(625,000) new text end |
new text begin
(5,825,000) new text end |
|||
|
new text begin
Military Affairs new text end |
new text begin
375,000 new text end |
new text begin
375,000 new text end |
||||
|
new text begin
Economic Development new text end |
new text begin
500,000 new text end |
new text begin
(2,908,000) new text end |
new text begin
(2,408,000) new text end |
|||
|
new text begin
Transportation new text end |
new text begin
(325,000) new text end |
new text begin
(28,000) new text end |
new text begin
(353,000) new text end |
|||
|
new text begin
Public Safety new text end |
new text begin
360,000 new text end |
new text begin
(10,523,000) new text end |
new text begin
(10,163,000) new text end |
|||
|
new text begin
Judiciary new text end |
new text begin
(5,840,000) new text end |
new text begin
(5,840,000) new text end |
||||
|
new text begin
State Government new text end |
new text begin
(12,398,000) new text end |
new text begin
(12,398,000) new text end |
||||
|
new text begin
Health and Human Services new text end |
new text begin
(33,304,000) new text end |
new text begin
(155,632,000) new text end |
new text begin
(188,936,000) new text end |
|||
|
new text begin
Subtotal of Appropriations new text end |
new text begin
(46,812,000) new text end |
new text begin
(203,869,000) new text end |
new text begin
(250,681,000) new text end |
|||
|
new text begin
Transfers In new text end |
new text begin
8,994,000 new text end |
new text begin
60,070,000 new text end |
new text begin
69,064,000 new text end |
|||
|
new text begin
Total new text end |
new text begin
$ new text end |
new text begin
(55,806,000) new text end |
new text begin
$ new text end |
new text begin
(263,939,000) new text end |
new text begin
$ new text end |
new text begin
(319,745,000) new text end |
ARTICLE 2
GENERAL EDUCATION
Section 1.
Minnesota Statutes 2007 Supplement, section 123B.143, subdivision 1,
is amended to read:
Subdivision 1.
Contract; duties.
All districts maintaining a classified secondary
school must employ a superintendent who shall be an ex officio nonvoting member of the
school board. The authority for selection and employment of a superintendent must be
vested in the board in all cases. An individual employed by a board as a superintendent
shall have an initial employment contract for a period of time no longer than three years
from the date of employment. Any subsequent employment contract must not exceed a
period of three years. A board, at its discretion, may or may not renew an employment
contract. A board must not, by action or inaction, extend the duration of an existing
employment contract. Beginning 365 days prior to the expiration date of an existing
employment contract, a board may negotiate and enter into a subsequent employment
contract to take effect upon the expiration of the existing contract. A subsequent contract
must be contingent upon the employee completing the terms of an existing contract. If a
contract between a board and a superintendent is terminated prior to the date specified in
the contract, the board may not enter into another superintendent contract with that same
individual that has a term that extends beyond the date specified in the terminated contract.
A board may terminate a superintendent during the term of an employment contract for any
of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
not rely upon an employment contract with a board to assert any other continuing contract
rights in the position of superintendent under section 122A.40. Notwithstanding the
provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
to the contrary, no individual shall have a right to employment as a superintendent based
on order of employment in any district. If two or more districts enter into an agreement for
the purchase or sharing of the services of a superintendent, the contracting districts have
the absolute right to select one of the individuals employed to serve as superintendent
in one of the contracting districts and no individual has a right to employment as the
superintendent to provide all or part of the services based on order of employment in a
contracting district. The superintendent of a district shall perform the following:
(1) visit and supervise the schools in the district, report and make recommendations
about their condition when advisable or on request by the board;
(2) recommend to the board employment and dismissal of teachers;
(3) superintend school grading practices and examinations for promotions;
(4) make reports required by the commissioner;
(5) by deleted text begin Januarydeleted text end new text begin Augustnew text end 10, new text begin 2009, and each year thereafter, new text end submit an annual report
to the commissioner in a manner prescribed by the commissioner, in consultation with
school districts, deleted text begin identifying the expenditures that the district requires to ensure an 80
percent student passage rate on the MCA-IIs taken in the eighth grade,deleted text end identifying the
highest student passage rate the district expects it will be able to attain on the deleted text begin MCA-IIsdeleted text end new text begin
GRADnew text end by grade 12, and the amount of expenditures that the district requires to attain the
targeted student passage rate; and
(6) perform other duties prescribed by the board.
Sec. 2.
Minnesota Statutes 2006, section 124D.04, subdivision 6, is amended to read:
Subd. 6.
Tuition payments.
new text begin (a) new text end In each odd-numbered year, before March 1, the
commissioner must agree to rates of tuition for Minnesota elementary and secondary
pupils attending in other states for the next two fiscal years when the other state agrees to
negotiate tuition rates. The commissioner must negotiate equal, reciprocal rates with the
designated authority in each state for pupils who reside in an adjoining state and enroll in
a Minnesota district. The rates must be at least equal to the tuition specified in section
124D.05, subdivision 1. If the other state does not agree to negotiate a general tuition rate,
a Minnesota school district may negotiate a tuition rate with the school district in the other
state that sends a pupil to or receives a pupil from the Minnesota school district. The
tuition rate for a pupil with a disability must be equal to the actual cost of instruction and
services provided. The resident district of a Minnesota pupil attending in another state
under this section must pay the amount of tuition agreed upon in this section to the district
of attendance, prorated on the basis of the proportion of the school year attended.
new text begin
(b) Notwithstanding paragraph (a) and subdivision 9, if an agreement is reached
between the state of Minnesota and an adjoining state pursuant to section 124D.041,
the provisions of section 124D.041 and the agreement shall apply to all enrollment
transfers between Minnesota and the adjoining state, and provisions of paragraph (a)
and subdivision 9 shall not apply.
new text end
Sec. 3.
Minnesota Statutes 2006, section 124D.04, subdivision 8, is amended to read:
Subd. 8.
Effective if reciprocal.
This section is effective with respect to deleted text begin South
Dakota upon enactment of provisions by South Dakota that the commissioner determines
are essentially similar to the provisions for Minnesota pupils in this section. This section
is effective with respect todeleted text end any deleted text begin otherdeleted text end bordering state upon enactment of provisions by the
bordering state that the commissioner determines are essentially similar to the provisions
for Minnesota pupils in this section.
Sec. 4.
Minnesota Statutes 2006, section 124D.04, subdivision 9, is amended to read:
Subd. 9.
Appeal to the commissioner.
If a Minnesota school district cannot agree
with an adjoining state on a tuition rate for a Minnesota student attending school in that
state and that state has met the requirements in subdivision 8, then the student's parent or
guardian may request that the commissioner deleted text begin agree ondeleted text end new text begin setnew text end a tuition rate for the student. The
Minnesota district must pay the amount of tuition the commissioner deleted text begin agrees upondeleted text end new text begin setsnew text end .
Sec. 5.
new text begin
[124D.041] RECIPROCITY WITH ADJOINING STATES.
new text end
new text begin Subdivision 1. new text end
new text begin Agreements. new text end
new text begin
(a) The commissioner may enter into an agreement
with the designated authority from an adjoining state to establish an enrollment options
program between Minnesota and the adjoining state. Any agreement entered into pursuant
to this section must specify the following:
new text end
new text begin
(1) for students who are not residents of Minnesota, the enrollment options program
applies only to a student whose resident school district borders Minnesota;
new text end
new text begin
(2) the commissioner must negotiate equal, reciprocal rates with the designated
authority from the adjoining state;
new text end
new text begin
(3) if the adjoining state sends more students to Minnesota than Minnesota sends to
the adjoining state, the adjoining state must pay the state of Minnesota the rate agreed
upon under clause (2) for the excess number of students sent to Minnesota;
new text end
new text begin
(4) if Minnesota sends more students to the adjoining state than the adjoining state
sends to Minnesota, the state of Minnesota will pay the adjoining state the rate agreed
upon under clause (2) for the excess number of students sent to the adjoining state;
new text end
new text begin
(5) the application procedures for the enrollment options program between
Minnesota and the adjoining state;
new text end
new text begin
(6) the reasons for which an application for the enrollment options program between
Minnesota and the adjoining may be denied; and
new text end
new text begin
(7) that a Minnesota school district is not responsible for transportation for any
resident student attending school in an adjoining state under the provisions of this section.
A Minnesota school district may, at its discretion, provide transportation services for
such a student.
new text end
new text begin
(b) Any agreement entered into pursuant to this section may specify additional terms
relating to any student in need of special education and related services pursuant to chapter
125A. Any additional terms must apply equally to both states.
new text end
new text begin Subd. 2. new text end
new text begin Pupil accounting. new text end
new text begin
(a) Any student from an adjoining state enrolled in
Minnesota pursuant to this section is included in the receiving school district's average
daily membership and pupil units according to section 126C.05 as if the student were
a resident of another Minnesota school district attending the receiving school district
under section 124D.03.
new text end
new text begin
(b) Any Minnesota resident student enrolled in an adjoining state pursuant to this
section is included in the resident school district's average daily membership and pupil
units according to section 126C.05 as if the student were a resident of the district attending
another Minnesota school district under section 124D.03.
new text end
new text begin Subd. 3. new text end
new text begin Procedures. new text end
new text begin
(a) The Department of Education must establish procedures
relating to the application process, the collection or payment of funds under the provisions
of any agreement established pursuant to this section, and the collection of data necessary
to implement any agreement established pursuant to this section.
new text end
new text begin
(b) Notwithstanding sections 124A.04 and 124A.05, if an agreement is established
between Minnesota and an adjoining state pursuant to this section, the provisions of this
section and the agreement shall apply to all enrollment transfers between Minnesota and
the adjoining state, and provisions of sections 124D.04 and 124D.05 to the contrary,
including provisions relating to tuition payments, shall not apply.
new text end
new text begin
(c) Notwithstanding paragraph (a), any payments to adjoining states under this
section shall be made according to section 127A.45, subdivision 16.
new text end
new text begin
(d) Notwithstanding paragraph (b), sections 124D.04, subdivision 6, paragraph (b),
and 124D.05, subdivision 2a, the provisions of this section and the agreement shall not
apply to:
new text end
new text begin
(1) enrollment transfers between Minnesota and a school district in an adjoining
state enrolling fewer than 150 pupils that is exempted from participation in the program
under the laws of the adjoining state; or
new text end
new text begin
(2) enrollment transfers between Minnesota and a school district in an adjoining
state under a board agreement initiated in fiscal year 2009 to serve students in grade
levels discontinued by the resident district.
new text end
Sec. 6.
Minnesota Statutes 2006, section 124D.05, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Exception. new text end
new text begin
Notwithstanding subdivisions 1 and 2, if an agreement
is reached between the state of Minnesota and an adjoining state pursuant to section
124D.041, the provisions of section 124D.041 and the agreement shall apply to all
enrollment transfers between Minnesota and the adjoining state, and provisions of
subdivisions 1 and 2 to the contrary, including provisions relating to tuition payments,
shall not apply.
new text end
Sec. 7.
Minnesota Statutes 2006, section 125A.76, is amended by adding a subdivision
to read:
new text begin Subd. 4a. new text end
new text begin Adjustments for tuition reciprocity with adjoining states. new text end
new text begin
(a) If an
agreement is reached between the state of Minnesota and an adjoining state pursuant to
section 124D.041 that requires a special education tuition payment from the state of
Minnesota to the adjoining state, the tuition payment shall be made from the special
education aid appropriation for that year, and the state total special education aid under
subdivision 4 shall be reduced by the amount of the payment.
new text end
new text begin
(b) If an agreement is reached between the state of Minnesota and an adjoining state
pursuant to section 124D.041 that requires a special education tuition payment from
an adjoining state to the state of Minnesota, the special education aid appropriation for
that year and the state total special education aid under subdivision 4 shall be increased
by the amount of the payment.
new text end
new text begin
(c) If an agreement is reached between the state of Minnesota and an adjoining state
pursuant to section 124D.041 that requires special education tuition payments to be made
between the two states and not between districts in the two states, the special education aid
for a Minnesota school district serving a student with a disability from the adjoining state
shall be calculated according to section 127A.47, subdivision 7, except that no reduction
shall be made in the special education aid paid to the resident district.
new text end
Sec. 8.
Minnesota Statutes 2006, section 126C.10, subdivision 1, is amended to read:
Subdivision 1.
General education revenue.
new text begin (a) new text end For fiscal deleted text begin year 2006 and laterdeleted text end new text begin years
2008 and 2009new text end , the general education revenue for each district equals the sum of the
district's basic revenue, extended time revenue, gifted and talented revenue, basic skills
revenue, training and experience revenue, secondary sparsity revenue, elementary sparsity
revenue, transportation sparsity revenue, total operating capital revenue, equity revenue,
alternative teacher compensation revenuenew text begin under section 122A.415new text end , and transition revenue.
new text begin
(b) For fiscal year 2010 and later, the general education revenue for each district
equals the sum of the district's basic revenue, extended time revenue, gifted and talented
revenue, basic skills revenue, training and experience revenue, secondary sparsity revenue,
elementary sparsity revenue, transportation sparsity revenue, total operating capital
revenue, equity revenue, and transition revenue.
new text end
Sec. 9.
Minnesota Statutes 2006, section 126C.10, subdivision 29, is amended to read:
Subd. 29.
Equity levy.
To obtain equity revenue for fiscal year 2005 and later,
a district may levy an amount not more than the product of its equity revenue for the
fiscal year times the lesser of one or the ratio of its referendum market value per resident
marginal cost pupil unit to deleted text begin $476,000deleted text end new text begin the equalizing factor. The equalizing factor for fiscal
years 2008 and 2009 is $476,000. The equalizing factor for fiscal year 2010 is $487,950.
The equalizing factor for fiscal year 2011 and later is $489,115new text end .
Sec. 10.
Minnesota Statutes 2006, section 126C.10, subdivision 31, is amended to read:
Subd. 31.
Transition revenue.
(a) A district's transition allowance equals the
greater of zero or the product of the ratio of the number of adjusted marginal cost pupil
units the district would have counted for fiscal year 2004 under Minnesota Statutes 2002
to the district's adjusted marginal cost pupil units for fiscal year 2004, times the difference
between: (1) the lesser of the district's general education revenue per adjusted marginal
cost pupil unit for fiscal year 2003 or the amount of general education revenue the district
would have received per adjusted marginal cost pupil unit for fiscal year 2004 according
to Minnesota Statutes 2002, and (2) the district's general education revenue for fiscal year
2004 excluding transition revenue divided by the number of adjusted marginal cost pupil
units the district would have counted for fiscal year 2004 under Minnesota Statutes 2002.
(b) A district's transition revenue for fiscal deleted text begin yeardeleted text end new text begin yearsnew text end 2006 deleted text begin and laterdeleted text end new text begin through 2009new text end
equals the sum of the product of the district's transition allowance times the district's
adjusted marginal cost pupil units plus the district's transition for prekindergarten revenue
under subdivision 31a.
new text begin
(c) A district's transition revenue for fiscal year 2010 and later equals the sum of
the product of the district's transition allowance times the district's adjusted marginal cost
pupil units plus the district's transition for prekindergarten revenue under subdivision 31a
plus the district's transition for tuition reciprocity revenue under subdivision 31c.
new text end
new text begin
(d) Notwithstanding paragraph (b), for fiscal year 2010 and later, the transition
revenue for Independent School District No. 356, Lancaster, equals the sum of the product
of the district's transition allowance plus $361 times the district's adjusted marginal cost
pupil units plus the district's transition for prekindergarten revenue under subdivision 31a.
new text end
Sec. 11.
Minnesota Statutes 2006, section 126C.10, is amended by adding a subdivision
to read:
new text begin Subd. 31c. new text end
new text begin Transition for tuition reciprocity revenue. new text end
new text begin
For the first year that a
tuition reciprocity agreement with an adjoining state is in effect under section 124D.041
and later, a school district's transition for tuition reciprocity revenue equals the greater of
zero or the difference between the sum of the general education revenue and net tuition
revenue the district would have received for pupils enrolled under section 124D.041 for
the first year the agreement is in effect if the agreement had not been in effect, and the
sum of the district's general education revenue and net tuition revenue for the first year
the agreement is in effect.
new text end
Sec. 12.
Minnesota Statutes 2006, section 126C.10, subdivision 32, is amended to read:
Subd. 32.
Transition levy.
To obtain transition revenue for fiscal year 2005 and
later, a district may levy an amount not more than the product of its transition revenue
for the fiscal year times the lesser of one or the ratio of its referendum market value per
resident marginal cost pupil unit to deleted text begin $476,000deleted text end new text begin the equalizing factor. The equalizing factor
for fiscal years 2008 and 2009 is $476,000. The equalizing factor for fiscal year 2010 is
$487,950. The equalizing factor for fiscal year 2011 and later is $489,115new text end .
Sec. 13.
Minnesota Statutes 2007 Supplement, section 126C.10, subdivision 34,
is amended to read:
Subd. 34.
Basic alternative teacher compensation aid.
(a) For fiscal years
deleted text begin 2007 and laterdeleted text end new text begin 2008 and 2009new text end , the basic alternative teacher compensation aid for a
school district with a plan approved under section 122A.414, subdivision 2b, equals deleted text begin 65deleted text end
new text begin 73.1new text end percent of the alternative teacher compensation revenue under section 122A.415,
subdivision 1. The basic alternative teacher compensation aid for an intermediate school
district or charter school with a plan approved under section 122A.414, subdivisions 2a
and 2b, if the recipient is a charter school, equals $260 times the number of pupils enrolled
in the school on October 1 of the previous fiscal year, or on October 1 of the current fiscal
year for a charter school in the first year of operation, times the ratio of the sum of the
alternative teacher compensation aid and alternative teacher compensation levy for all
participating school districts to the maximum alternative teacher compensation revenue
for those districts under section 122A.415, subdivision 1.
(b) Notwithstanding paragraphs (a) and (b) and section 122A.415, subdivision 1,
the state total basic alternative teacher compensation aid entitlement must not exceed
deleted text begin $75,636,000deleted text end new text begin $48,060,000 new text end for fiscal year deleted text begin 2007deleted text end new text begin 2008,new text end and deleted text begin laterdeleted text end new text begin $52,407,000 for fiscal year
2009new text end . The commissioner must limit the amount of alternative teacher compensation aid
approved under section 122A.415 so as not to exceed these limits.
Sec. 14.
Minnesota Statutes 2006, section 126C.10, subdivision 35, is amended to read:
Subd. 35.
Alternative teacher compensation levy.
For fiscal deleted text begin year 2007 and laterdeleted text end new text begin
years 2008 and 2009new text end , the alternative teacher compensation levy for a district receiving
basic alternative teacher compensation aid equals the product of (1) the difference between
the district's alternative teacher compensation revenue and the district's basic alternative
teacher compensation aid times (2) the lesser of one or the ratio of the district's adjusted
net tax capacity per adjusted pupil unit to $5,913.
Sec. 15.
Minnesota Statutes 2006, section 126C.10, subdivision 36, is amended to read:
Subd. 36.
Alternative teacher compensation aid.
(a) For fiscal deleted text begin year 2007 and laterdeleted text end new text begin
years 2008 and 2009new text end , a district's alternative teacher compensation equalization aid equals
the district's alternative teacher compensation revenue minus the district's basic alternative
teacher compensation aid minus the district's alternative teacher compensation levy. If a
district does not levy the entire amount permitted, the alternative teacher compensation
equalization aid must be reduced in proportion to the actual amount levied.
(b) A district's alternative teacher compensation aid equals the sum of the
district's basic alternative teacher compensation aid and the district's alternative teacher
compensation equalization aid.
Sec. 16.
Minnesota Statutes 2006, section 126C.17, subdivision 6, is amended to read:
Subd. 6.
Referendum equalization levy.
(a) For fiscal year 2003 and later,
a district's referendum equalization levy equals the sum of the first tier referendum
equalization levy and the second tier referendum equalization levy.
(b) A district's first tier referendum equalization levy equals the district's first tier
referendum equalization revenue times the lesser of one or the ratio of the district's
referendum market value per resident marginal cost pupil unit to deleted text begin $476,000deleted text end new text begin the first
tier equalizing factor. The first tier equalizing factor for fiscal years 2008 and 2009 is
$476,000. The first tier equalizing factor for fiscal year 2010 is $487,950. The first tier
equalizing factor for fiscal year 2011 and later is $489,115new text end .
(c) A district's second tier referendum equalization levy equals the district's second
tier referendum equalization revenue times the lesser of one or the ratio of the district's
referendum market value per resident marginal cost pupil unit to $270,000.
Sec. 17.
Minnesota Statutes 2006, section 126C.17, subdivision 9, is amended to read:
Subd. 9.
Referendum revenue.
(a) The revenue authorized by section 126C.10,
subdivision 1, may be increased in the amount approved by the voters of the district at a
referendum called for the purpose. The referendum may be called by the board or shall be
called by the board upon written petition of qualified voters of the district. The referendum
must be conducted one or two calendar years before the increased levy authority, if
approved, first becomes payable. Only one election to approve an increase may be held
in a calendar year. Unless the referendum is conducted by mail under paragraph (g), the
referendum must be held on the first Tuesday after the first Monday in November. The
ballot must state the maximum amount of the increased revenue per resident marginal cost
pupil unit. The ballot may state a schedule, determined by the board, of increased revenue
per resident marginal cost pupil unit that differs from year to year over the number of
years for which the increased revenue is authorized or may state that the amount shall
increase annually by the rate of inflation. For this purpose, the rate of inflation shall be
the annual inflationary increase calculated under subdivision 2, paragraph (b). The ballot
may state that existing referendum levy authority is expiring. In this case, the ballot may
also compare the proposed levy authority to the existing expiring levy authority, and
express the proposed increase as the amount, if any, over the expiring referendum levy
authority. The ballot must designate the specific number of years, not to exceed ten, for
which the referendum authorization applies. The ballot, including a ballot on the question
to revoke or reduce the increased revenue amount under paragraph (c), must abbreviate
the term "per resident marginal cost pupil unit" as "per pupil." The notice required under
section 275.60 may be modified to read, in cases of renewing existing levies new text begin at the same
amount per pupil as in the previous yearnew text end :
"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU deleted text begin MAY BE VOTING
FOR A PROPERTY TAX INCREASEdeleted text end new text begin ARE VOTING TO EXTEND AN EXISTING
PROPERTY TAX REFERENDUM THAT IS SCHEDULED TO EXPIREnew text end ."
The ballot may contain a textual portion with the information required in this
subdivision and a question stating substantially the following:
"Shall the increase in the revenue proposed by (petition to) the board of .........,
School District No. .., be approved?"
If approved, an amount equal to the approved revenue per resident marginal cost
pupil unit times the resident marginal cost pupil units for the school year beginning in
the year after the levy is certified shall be authorized for certification for the number of
years approved, if applicable, or until revoked or reduced by the voters of the district at a
subsequent referendum.
(b) The board must prepare and deliver by first class mail at least 15 days but no more
than 30 days before the day of the referendum to each taxpayer a notice of the referendum
and the proposed revenue increase. The board need not mail more than one notice to any
taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be
those shown to be owners on the records of the county auditor or, in any county where
tax statements are mailed by the county treasurer, on the records of the county treasurer.
Every property owner whose name does not appear on the records of the county auditor
or the county treasurer is deemed to have waived this mailed notice unless the owner
has requested in writing that the county auditor or county treasurer, as the case may be,
include the name on the records for this purpose. The notice must project the anticipated
amount of tax increase in annual dollars for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the school district.
The notice for a referendum may state that an existing referendum levy is expiring
and project the anticipated amount of increase over the existing referendum levy in
the first year, if any, in annual dollars for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the district.
The notice must include the following statement: "Passage of this referendum will
result in an increase in your property taxes." However, in cases of renewing existing
levies, the notice may include the following statement: "Passage of this referendum deleted text begin maydeleted text end
deleted text begin result in deleted text end deleted text begin an increasedeleted text end deleted text begin in your property taxes."deleted text end new text begin extends an existing operating referendum at
the same amount per pupil as in the previous year."new text end
(c) A referendum on the question of revoking or reducing the increased revenue
amount authorized pursuant to paragraph (a) may be called by the board and shall be called
by the board upon the written petition of qualified voters of the district. A referendum to
revoke or reduce the revenue amount must state the amount per resident marginal cost
pupil unit by which the authority is to be reduced. Revenue authority approved by the
voters of the district pursuant to paragraph (a) must be available to the school district at
least once before it is subject to a referendum on its revocation or reduction for subsequent
years. Only one revocation or reduction referendum may be held to revoke or reduce
referendum revenue for any specific year and for years thereafter.
(d) A petition authorized by paragraph (a) or (c) is effective if signed by a number of
qualified voters in excess of 15 percent of the registered voters of the district on the day
the petition is filed with the board. A referendum invoked by petition must be held on the
date specified in paragraph (a).
(e) The approval of 50 percent plus one of those voting on the question is required to
pass a referendum authorized by this subdivision.
(f) At least 15 days before the day of the referendum, the district must submit a
copy of the notice required under paragraph (b) to the commissioner and to the county
auditor of each county in which the district is located. Within 15 days after the results
of the referendum have been certified by the board, or in the case of a recount, the
certification of the results of the recount by the canvassing board, the district must notify
the commissioner of the results of the referendum.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for elections conducted on or after
July 1, 2008.
new text end
Sec. 18.
Minnesota Statutes 2006, section 126C.40, subdivision 1, is amended to read:
Subdivision 1.
To lease building or land.
(a) When an independent or a special
school district or a group of independent or special school districts finds it economically
advantageous to rent or lease a building or land for any instructional purposes or for
school storage or furniture repair, and it determines that the operating capital revenue
authorized under section 126C.10, subdivision 13, is insufficient for this purpose, it may
apply to the commissioner for permission to make an additional capital expenditure levy
for this purpose. An application for permission to levy under this subdivision must contain
financial justification for the proposed levy, the terms and conditions of the proposed
lease, and a description of the space to be leased and its proposed use.
(b) The criteria for approval of applications to levy under this subdivision must
include: the reasonableness of the price, the appropriateness of the space to the proposed
activity, the feasibility of transporting pupils to the leased building or land, conformity
of the lease to the laws and rules of the state of Minnesota, and the appropriateness of
the proposed lease to the space needs and the financial condition of the district. The
commissioner must not authorize a levy under this subdivision in an amount greater than
the cost to the district of renting or leasing a building or land for approved purposes.
The proceeds of this levy must not be used for custodial or other maintenance services.
A district may not levy under this subdivision for the purpose of leasing or renting a
district-owned building or site to itself.
(c) For agreements finalized after July 1, 1997, a district may not levy under this
subdivision for the purpose of leasing: (1) a newly constructed building used primarily
for regular kindergarten, elementary, or secondary instruction; or (2) a newly constructed
building addition or additions used primarily for regular kindergarten, elementary, or
secondary instruction that contains more than 20 percent of the square footage of the
previously existing building.
(d) Notwithstanding paragraph (b), a district may levy under this subdivision for the
purpose of leasing or renting a district-owned building or site to itself only if the amount
is needed by the district to make payments required by a lease purchase agreement,
installment purchase agreement, or other deferred payments agreement authorized by law,
and the levy meets the requirements of paragraph (c). A levy authorized for a district by
the commissioner under this paragraph may be in the amount needed by the district to
make payments required by a lease purchase agreement, installment purchase agreement,
or other deferred payments agreement authorized by law, provided that any agreement
include a provision giving the school districts the right to terminate the agreement
annually without penalty.
(e) The total levy under this subdivision for a district for any year must not exceed
deleted text begin $100deleted text end new text begin $150 new text end times the resident pupil units for the fiscal year to which the levy is attributable.
(f) For agreements for which a review and comment have been submitted to the
Department of Education after April 1, 1998, the term "instructional purpose" as used in
this subdivision excludes expenditures on stadiums.
(g) The commissioner of education may authorize a school district to exceed the
limit in paragraph (e) if the school district petitions the commissioner for approval. The
commissioner shall grant approval to a school district to exceed the limit in paragraph (e)
for not more than five years if the district meets the following criteria:
(1) the school district has been experiencing pupil enrollment growth in the
preceding five years;
(2) the purpose of the increased levy is in the long-term public interest;
(3) the purpose of the increased levy promotes colocation of government services;
and
(4) the purpose of the increased levy is in the long-term interest of the district by
avoiding over construction of school facilities.
(h) A school district that is a member of an intermediate school district may include
in its authority under this section the costs associated with leases of administrative and
classroom space for intermediate school district programs. This authority must not
exceed deleted text begin $25deleted text end new text begin $43new text end times the adjusted marginal cost pupil units of the member districts. This
authority is in addition to any other authority authorized under this section.
(i) In addition to the allowable capital levies in paragraph (a), a district that is a
member of the "Technology and Information Education Systems" data processing joint
board, that finds it economically advantageous to enter into a lease purchase agreement for
a building for a group of school districts or special school districts for staff development
purposes, may levy for its portion of lease costs attributed to the district within the total
levy limit in paragraph (e).
Sec. 19.
Minnesota Statutes 2006, section 126C.51, is amended to read:
126C.51 APPLICATION OF LIMITING TAX LEGISLATION.
Notwithstanding the provisions of section 471.69 or 471.75, or of any other
provision of law which by per capita limitation, local tax rate limitation, or otherwise,
limits the power of a district to incur any debt or to issue any warrant or order, a new text begin school
new text end district new text begin or intermediate school district new text end has the powers in sections 126C.50 to 126C.56
specifically conferred upon it and all powers incident and necessary to carrying out the
purposes of sections 126C.50 to 126C.56.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 20.
Minnesota Statutes 2006, section 126C.52, subdivision 2, is amended to read:
Subd. 2.
Limitations.
The board new text begin of any school district new text end may also borrow money
in the manner and subject to the limitations set forth in sections 126C.50 to 126C.56 in
anticipation of receipt of state aids for schools as defined in Minnesota Statutes and of
federal school aids to be distributed by or through the department. The aggregate of such
borrowings under this subdivision shall never exceed 75 percent of such aids which are
receivable by said school district in the deleted text begin schooldeleted text end new text begin fiscal new text end year deleted text begin (from July 1 to June 30)deleted text end in which
the money is borrowed, as estimated and certified by the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
Minnesota Statutes 2006, section 126C.52, is amended by adding a
subdivision to read:
new text begin Subd. 3. new text end
new text begin Intermediate school districts. new text end
new text begin
(a) The board of an intermediate school
district may borrow money in the manner and subject to the limitations set forth in
sections 126C.50 to 126C.56 in anticipation of the receipt of:
new text end
new text begin
(1) state aids for schools as defined in Minnesota Statutes;
new text end
new text begin
(2) federal school aids to be distributed by or through the department; and
new text end
new text begin
(3) membership fees and tuition payments from its member school districts.
new text end
new text begin
The aggregate of such borrowings under this subdivision shall never exceed 75
percent of such aids, fees, and tuition payments which are receivable by the intermediate
school district in the fiscal year in which the money is borrowed, as estimated and certified
by the commissioner.
new text end
new text begin
(b) The board of an intermediate school district may, upon receipt of a written
resolution by each of its member school districts, pledge the member district's full faith
and credit and unlimited taxing powers to repay each member district's pro rata share of
any certificates issued or the amount paid by the state under section 126C.55, subdivision
2, plus interest, if the revenues specified in paragraph (a) and any other revenues of the
intermediate school district are insufficient to do so.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22.
Minnesota Statutes 2006, section 126C.53, is amended to read:
126C.53 ENABLING RESOLUTION; FORM OF CERTIFICATES OF
INDEBTEDNESS.
The board new text begin of a school district or intermediate school district new text end may authorize and
effect such borrowing, and may issue such certificates of indebtedness upon passage of
a resolution specifying the amount and purposes for which it deems such borrowing is
necessary. The resolution must be adopted by a vote of at least two-thirds of its members.
The board must fix the amount, date, maturity, form, denomination, and other details of
the certificates of indebtedness, not inconsistent with this chapter. The board must fix the
date and place for receipt of bids for the purchase of the certificates when bids are required
and direct the clerk to give notice of the date and place for bidding.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 23.
Minnesota Statutes 2006, section 126C.55, is amended to read:
126C.55 STATE PAYMENT OF DEBT OBLIGATION UPON POTENTIAL
DEFAULT; REPAYMENT; STATE OBLIGATION NOT DEBT.
Subdivision 1.
Definitions.
For the purposes of this section, the term "debt
obligation" means:
(1) a deleted text begin tax or aid anticipationdeleted text end certificate of indebtedness new text begin issued under section 126C.52new text end ;
(2) a certificate of participation issued under section 126C.40, subdivision 6; or
(3) a general obligation bond.
Subd. 2.
Notifications; payment; appropriation.
(a) If a new text begin school new text end district new text begin or
intermediate school district new text end believes that it may be unable to make a principal or interest
payment on any outstanding debt obligation on the date that payment is due, it must
notify the commissioner as soon as possible, but not less than 15 working days before the
date that principal or interest payment is due. The notice must include the name of the
district, an identification of the debt obligation issue in question, the date the payment is
due, the amount of principal and interest due on the payment date, the amount of principal
or interest that the district will be unable to repay on that date, the paying agent for the
debt obligation, the wire transfer instructions to transfer funds to that paying agent, and an
indication as to whether a payment is being requested by the district under this section.
If a paying agent becomes aware of a potential default, it shall inform the commissioner
of that fact. After receipt of a notice which requests a payment under this section, after
consultation with the district and the paying agent, and after verification of the accuracy of
the information provided, the commissioner shall notify the commissioner of finance of
the potential default. The notice must include a final figure as to the amount due that the
district will be unable to repay on the date due.
(b) Except as provided in subdivision 9, upon receipt of this notice from the
commissioner, the commissioner of finance shall issue a warrant and authorize the
commissioner of education to pay to the paying agent for the debt obligation the specified
amount on or before the date due. The amounts needed for the purposes of this subdivision
are annually appropriated to the department from the state general fund.
(c) The Departments of Education and Finance must jointly develop detailed
procedures for new text begin school new text end districts new text begin and intermediate school districts new text end to notify the state that they
have obligated themselves to be bound by the provisions of this section, procedures for
districts and paying agents to notify the state of potential defaults and to request state
payment under this section, and procedures for the state to expedite payments to prevent
defaults. The procedures are not subject to chapter 14.
Subd. 3.
School district bound; interest rate on state paid amount.
If, at the
request of a new text begin school new text end districtnew text begin or intermediate school districtnew text end , the state has paid part or all of
the principal or interest due on a district's debt obligation on a specific date, the new text begin school
district or intermediate schoolnew text end district is bound by all provisions of this section and the
amount paid shall bear taxable interest from the date paid until the date of repayment at
the invested cash rate as it is certified by the commissioner of finance. Interest shall only
accrue on the amounts paid and outstanding less the reduction in aid under subdivision 4
and other payments received from the district.
Subd. 4.
Pledge of district's full faith and credit.
If, at the request of a new text begin school
new text end districtnew text begin or intermediate school districtnew text end , the state has paid part or all of the principal or
interest due on a district's debt obligation on a specific date, the pledge of the full faith
and credit and unlimited taxing powers of the new text begin schoolnew text end district new text begin or the member districts of
the intermediate districtnew text end to repay the principal and interest due on those debt obligations
shall also, without an election or the requirement of a further authorization, become a
pledge of the full faith and credit and unlimited taxing powers of the new text begin schoolnew text end district new text begin or
the member districts of the intermediate districtnew text end to repay to the state the amount paid,
with interest. Amounts paid by the state must be repaid in the order in which the state
payments were made.
new text begin Subd. 4a. new text end
new text begin Aid reduction for repayment. new text end
new text begin
(a) Except as provided in this subdivision,
the state must reduce the state aid payable to the school district or intermediate school
district under this chapter and chapters 122A, 123A, 123B, 124D, 125A, 126C, and 273
by the amount paid by the state under this section on behalf of the district, plus the interest
due on it, and the amount reduced must revert from the appropriate account to the state
general fund. Payments from the school district endowment fund or any federal aid
payments shall not be reduced.
new text end
new text begin
(b) For an intermediate school district, the state aid payable to the intermediate
school district must first be reduced, before any reduction is made to the state aids payable
to the member districts. If the state aid payable to the intermediate school district is
not sufficient to repay the state, state aid payable to member districts may be reduced
proportionately based on the ratio of each member district's adjusted net tax capacity to
the total adjusted net tax capacity of all member districts.
new text end
new text begin
(c) If, after review of the financial situation of the school district or intermediate
school district, the commissioner advises the commissioner of finance that a total reduction
of aids would cause an undue hardship on or an undue disruption of the educational
program of the district, the commissioner, with the approval of the commissioner of
finance, may establish a different schedule for reduction of aids to repay the state. The
amount of aids to be reduced is decreased by any amounts repaid to the state by the district
from other revenue sources.
new text end
Subd. 6.
Tax levy for repayment.
(a) With the approval of the commissioner, a
district may levy in the year the state makes a payment under this section an amount up to
the amount necessary to provide funds for the repayment of the amount paid by the state
plus interest through the date of estimated repayment by the district. The proceeds of this
levy may be used only for this purpose unless they are in excess of the amount actually
due, in which case the excess shall be used to repay other state payments made under this
section or shall be deposited in the debt redemption fund of the school district. This levy
shall be an increase in the levy limits of the district for purposes of section 275.065,
subdivision 6. The amount of aids to be reduced to repay the state shall be decreased by
the amount levied. This levy by the district is not eligible for debt service equalization
under section 123B.53.
(b) If the state is not repaid in full for a payment made under this section by
November 30 of the calendar year following the year in which the state makes the
payment, the commissioner shall require the district to certify a property tax levy in an
amount up to the amount necessary to provide funds for repayment of the amount paid by
the state plus interest through the date of estimated repayment by the school district. To
prevent undue hardship, the commissioner may allow the district to certify the levy over a
five-year period. The proceeds of the levy may be used only for this purpose unless they
are in excess of the amount actually due, in which case the excess shall be used to repay
other state payments made under this section or shall be deposited in the debt redemption
fund of the district. This levy shall be an increase in the levy limits of the school district
for purposes of section 275.065, subdivision 6. If the commissioner orders the district
to levy, the amount of aids reduced to repay the state shall be decreased by the amount
levied. This levy by the district is not eligible for debt service equalization under section
123B.53 or any successor provision. A levy under this subdivision must be explained as a
specific increase at the meeting required under section 275.065, subdivision 6.
new text begin
(c) For an intermediate district, a levy made by a member district under paragraph (a)
or (b) to pay its pro rata share must be spread by the commissioner as a tax rate based on
the total adjusted net tax capacity of the member school districts. The proceeds of the levy
must be remitted by the member school district to the intermediate school district and must
be used by the intermediate district only to repay the state amounts owed. Any amount in
excess of the amount owed to the state must be repaid to the member school districts and
the commissioner shall adjust each member district's property tax levy in the next year.
new text end
Subd. 7.
Election as to mandatory application.
A new text begin school new text end district new text begin or intermediate
school district new text end may covenant and obligate itself, prior to the issuance of an issue of debt
obligations, to notify the commissioner of a potential default and to use the provisions of
this section to guarantee payment of the principal and interest on those debt obligations
when due. If the district obligates itself to be bound by this section, it must covenant in the
resolution that authorizes the issuance of the debt obligations to deposit with the paying
agent three business days prior to the date on which a payment is due an amount sufficient
to make that payment or to notify the commissioner under subdivision 1 that it will be
unable to make all or a portion of that payment. A district that has obligated itself must
include a provision in its agreement with the paying agent for that issue that requires
the paying agent to inform the commissioner if it becomes aware of a potential default
in the payment of principal or interest on that issue or if, on the day two business days
prior to the date a payment is due on that issue, there are insufficient funds to make the
payment on deposit with the paying agent. Funds invested in a refunding escrow account
established under section 475.67 that are to become available to the paying agent on a
principal or interest payment date are deemed to be on deposit with the paying agent three
business days before the payment date. If a district either covenants to be bound by this
section or accepts state payments under this section to prevent a default of a particular
issue of debt obligations, the provisions of this section shall be binding as to that issue
as long as any debt obligation of that issue remain outstanding. If the provisions of this
section are or become binding for more than one issue of debt obligations and a district is
unable to make payments on one or more of those issues, the district must continue to
make payments on the remaining issues.
Subd. 8.
Mandatory plan; technical assistance.
If the state makes payments on
behalf of a new text begin school new text end district new text begin or intermediate school district new text end under this section or the district
defaults in the payment of principal or interest on an outstanding debt obligation, it must
submit a plan to the commissioner for approval specifying the measures it intends to
implement to resolve the issues which led to its inability to make the payment and to
prevent further defaults. The department must provide technical assistance to the district
in preparing its plan. If the commissioner determines that a district's plan is not adequate,
the commissioner shall notify the district that the plan has been disapproved, the reasons
for the disapproval, and that the state shall not make future payments under this section for
debt obligations issued after the date specified in that notice until its plan is approved. The
commissioner may also notify the district that until its plan is approved, other aids due the
district will be withheld after a date specified in the notice.
Subd. 9.
State bond rating.
If the commissioner of finance determines that the
credit rating of the state would be adversely affected thereby, the commissioner of finance
shall not issue warrants under subdivision 2 for the payment of principal or interest on any
debt obligations for which a district did not, prior to their issuance, obligate itself to be
bound by the provisions of this section.
Subd. 10.
Continuing disclosure agreements.
The commissioner of finance
may enter into written agreements or contracts relating to the continuing disclosure of
information needed to facilitate the ability of school districts to issue debt obligations
according to federal securities laws, rules, and regulations, including securities and
exchange commission rules and regulations, section 240.15c2-12. Such agreements or
contracts may be in any form the commissioner of finance deems reasonable and in the
state's best interests.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 24.
Minnesota Statutes 2006, section 127A.45, subdivision 16, is amended to read:
Subd. 16.
Payments to third parties.
Notwithstanding subdivision 3, the current
year aid payment percentage of the amounts under section 123A.26, subdivision 3new text begin and
section 124D.041new text end , shall be paid in equal installments on August 30, December 30, and
March 30, with a final adjustment payment on October 30 of the next fiscal year of the
remaining amount.
Sec. 25.
Minnesota Statutes 2007 Supplement, section 127A.49, subdivision 2, is
amended to read:
Subd. 2.
Abatements.
Whenever by virtue of chapter 278, sections 270C.86,
375.192, or otherwise, the net tax capacity or referendum market value of any district for
any taxable year is changed after the taxes for that year have been spread by the county
auditor and the local tax rate as determined by the county auditor based upon the original
net tax capacity is applied upon the changed net tax capacities, the county auditor shall,
prior to February 1 of each year, certify to the commissioner of education the amount of
any resulting net revenue loss that accrued to the district during the preceding year. Each
year, the commissioner shall pay an abatement adjustment to the district in an amount
calculated according to the provisions of this subdivision. This amount shall be deducted
from the amount of the levy authorized by section 126C.46. The amount of the abatement
adjustment must be the product of:
(1) the net revenue loss as certified by the county auditor, times
(2) the ratio of:
(i) the sum of the amounts of the district's certified levy in the third preceding year
according to the following:
(A) section 123B.57, if the district received health and safety aid according to that
section for the second preceding year;
(B) section 124D.20, if the district received aid for community education programs
according to that section for the second preceding year;
(C) section 124D.135, subdivision 3, if the district received early childhood family
education aid according to section 124D.135 for the second preceding year;
(D) section 126C.17, subdivision 6, if the district received referendum equalization
aid according to that section for the second preceding year;
deleted text begin
(E) section 126C.13, if the district received general education aid according to
section 126C.13, subdivision 4, paragraph (b), clause (1), of that section in the second
preceding year;
deleted text end
deleted text begin (F)deleted text end new text begin (E) new text end section 126C.10, subdivision 13a, if the district received operating capital aid
according to section 126C.10, subdivision 13b, in the second preceding year;
deleted text begin (G)deleted text end new text begin (F) new text end section 126C.10, subdivision 29, if the district received equity aid according
to section 126C.10, subdivision 30, in the second preceding year;
deleted text begin (H)deleted text end new text begin (G) new text end section 126C.10, subdivision 32, if the district received transition aid
according to section 126C.10, subdivision 33, in the second preceding year;
deleted text begin (I)deleted text end new text begin (H) new text end section 123B.53, subdivision 5, if the district received debt service
equalization aid according to section 123B.53, subdivision 6, in the second preceding year;
deleted text begin (J)deleted text end new text begin (I) new text end section 124D.22, subdivision 3, if the district received school-age care aid
according to section 124D.22, subdivision 4, in the second preceding year;
deleted text begin (K)deleted text end new text begin (J) new text end section 123B.591, subdivision 3, if the district received deferred maintenance
aid according to section 123B.591, subdivision 4, in the second preceding year; and
deleted text begin (L)deleted text end new text begin (K) new text end section 126C.10, subdivision 35, if the district received alternative teacher
compensation equalization aid according to section 126C.10, subdivision 36, paragraph
(a), in the second preceding year; to
(ii) the total amount of the district's certified levy in the third preceding December,
plus or minus auditor's adjustments.
Sec. 26.
Minnesota Statutes 2007 Supplement, section 127A.49, subdivision 3, is
amended to read:
Subd. 3.
Excess tax increment.
(a) If a return of excess tax increment is made to a
district pursuant to sections 469.176, subdivision 2, and 469.177, subdivision 9, or upon
decertification of a tax increment district, the school district's aid and levy limitations
must be adjusted for the fiscal year in which the excess tax increment is paid under the
provisions of this subdivision.
(b) An amount must be subtracted from the district's aid for the current fiscal year
equal to the product of:
(1) the amount of the payment of excess tax increment to the district, times
(2) the ratio of:
(i) the sum of the amounts of the district's certified levy for the fiscal year in which
the excess tax increment is paid according to the following:
(A) section 123B.57, if the district received health and safety aid according to that
section for the second preceding year;
(B) section 124D.20, if the district received aid for community education programs
according to that section for the second preceding year;
(C) section 124D.135, subdivision 3, if the district received early childhood family
education aid according to section 124D.135 for the second preceding year;
(D) section 126C.17, subdivision 6, if the district received referendum equalization
aid according to that section for the second preceding year;
deleted text begin
(E) section 126C.13, if the district received general education aid according to
section 126C.13, subdivision 4, paragraph (b), clause (1), of that section in the second
preceding year;
deleted text end
deleted text begin (F)deleted text end new text begin (E) new text end section 126C.10, subdivision 13a, if the district received operating capital aid
according to section 126C.10, subdivision 13b, in the second preceding year;
deleted text begin (G)deleted text end new text begin (F) new text end section 126C.10, subdivision 29, if the district received equity aid according
to section 126C.10, subdivision 30, in the second preceding year;
deleted text begin (H)deleted text end new text begin (G) new text end section 126C.10, subdivision 32, if the district received transition aid
according to section 126C.10, subdivision 33, in the second preceding year;
deleted text begin (I)deleted text end new text begin (H) new text end section 123B.53, subdivision 5, if the district received debt service
equalization aid according to section 123B.53, subdivision 6, in the second preceding year;
deleted text begin (J)deleted text end new text begin (I) new text end section 124D.22, subdivision 3, if the district received school-age care aid
according to section 124D.22, subdivision 4, in the second preceding year;
deleted text begin (K)deleted text end new text begin (J) new text end section 123B.591, subdivision 3, if the district received deferred maintenance
aid according to section 123B.591, subdivision 4, in the second preceding year; and
deleted text begin (L)deleted text end new text begin (K) new text end section 126C.10, subdivision 35, if the district received alternative teacher
compensation equalization aid according to section 126C.10, subdivision 36, paragraph
(a), in the second preceding year; to
(ii) the total amount of the district's certified levy for the fiscal year, plus or minus
auditor's adjustments.
(c) An amount must be subtracted from the school district's levy limitation for the
next levy certified equal to the difference between:
(1) the amount of the distribution of excess increment; and
(2) the amount subtracted from aid pursuant to clause (a).
If the aid and levy reductions required by this subdivision cannot be made to the aid
for the fiscal year specified or to the levy specified, the reductions must be made from
aid for subsequent fiscal years, and from subsequent levies. The school district must use
the payment of excess tax increment to replace the aid and levy revenue reduced under
this subdivision.
(d) This subdivision applies only to the total amount of excess increments received
by a district for a calendar year that exceeds $25,000.
Sec. 27.
Laws 2007, chapter 146, article 1, section 24, subdivision 2, is amended to
read:
Subd. 2.
General education aid.
For general education aid under Minnesota
Statutes, section 126C.13, subdivision 4:
| $ |
deleted text begin
5,618,342,000 deleted text end new text begin 5,600,647,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
5,618,342,000 deleted text end new text begin 5,650,587,000 new text end |
..... |
2009 |
The 2008 appropriation includes deleted text begin $531,733,000deleted text end new text begin $536,251,000new text end for 2007 and
deleted text begin $5,073,250,000deleted text end new text begin $5,064,396,000new text end for 2008.
The 2009 appropriation includes deleted text begin $546,314,000deleted text end new text begin $543,752,000new text end for 2008 and
deleted text begin $5,072,028,000deleted text end new text begin $5,106,835,000 new text end for 2009.
Sec. 28.
Laws 2007, First Special Session chapter 2, article 1, section 11, subdivision
1, is amended to read:
Subdivision 1.Total Appropriation
|
$ |
deleted text begin 584,000deleted text end new text begin 148,000new text end |
||||
The appropriations in this section are from
the general fund. The amounts that may be
spent for each purpose are specified in the
following subdivisions.
Sec. 29.
Laws 2007, First Special Session chapter 2, article 1, section 11, subdivision
2, is amended to read:
Subd. 2.Independent School District No. 239,
|
||||||
(a) Flood Enrollment Impact Aid |
89,000 |
|||||
The commissioner of education shall pay to
the school district flood enrollment impact
aid equal to $5,394 times the number of
pupils lost as a result of the floods of August
2007. The district must provide to the
commissioner of education documentation
of the number of pupils in average daily
membership lost as a result of the flood.
(b) deleted text begin Disaster Relief Facilities Grant |
deleted text begin 250,000deleted text end |
|||||
deleted text begin
For facilities cleanup, repair, and replacement
costs related to the floods of August 2007 not
covered by the district's insurance settlement
or through Federal Emergency Management
Agency payments. The commissioner of
education may request the school district
to provide necessary information before
awarding a grant.
deleted text end
deleted text begin (c)deleted text end Pupil Transportation Aid |
40,000 |
|||||
For increased costs associated with
transporting students as a result of the floods
of August 2007.
Sec. 30.
Laws 2007, First Special Session chapter 2, article 1, section 11, subdivision
6, is amended to read:
Subd. 6.Disaster Relief Facilities Grants to
|
deleted text begin 90,000deleted text end new text begin 14,000new text end |
|||||
For facilities cleanup, repair, and replacement
costs related to the floods of August 2007 not
covered by the district's insurance settlement
or through Federal Emergency Management
Agency payments. The commissioner of
education may request the school district
to provide necessary information before
awarding a grant. School districts not
included in subdivisions 2 to 5 must be given
priority in the allocation of this appropriation.
Sec. 31. new text begin ENROLLMENT AND TRANSPORTATION AID.
new text end
new text begin
For fiscal year 2010 only, Independent School District No. 239, Rushford-Peterson,
is eligible for school district flood enrollment aid and aid for increased transportation costs
equal to $158,000 as a result of the floods of August 2007. Of this amount, $40,000 is
for increased costs associated with transporting students.
new text end
Sec. 32. new text begin LIMITATION ON NEW ALTERNATIVE COMPENSATION SCHOOL
DISTRICTS AND CHARTER SCHOOLS, FISCAL YEARS 2009 TO 2013.
new text end
new text begin
Notwithstanding Minnesota Statutes, sections 122A.413; 122A.414; 122A.415;
122A.416; and 126C.10, subdivisions 34, 35, and 36, the Department of Education must
limit the participation in the alternative teacher pay program to those district sites and
charter schools that received alternative compensation revenue in fiscal year 2008 or those
district sites and charter schools that have submitted an application, under Minnesota
Statutes, section 122A.414, by February 28, 2008, for fiscal year 2009 alternative
compensation participation. This limitation applies to fiscal year 2009 to fiscal year 2013.
No additional district sites or charter schools may be approved until after June 30, 2013.
new text end
Sec. 33. new text begin SPARSITY, ADJUSTMENT AID, LANCASTER.
new text end
new text begin
For fiscal year 2009 only, Independent School District No. 356, Lancaster, is eligible
to receive sparsity adjustment aid equal to $82,000.
new text end
Sec. 34.
new text begin
SPARSITY TRANSPORTATION LEVY.
new text end
new text begin
A school district that is eligible to receive elementary or secondary sparsity revenue,
under Minnesota Statutes, section 126C.10, subdivisions 7 and 8, may levy to pay for
transportation costs. The total amount of the levy must not exceed $80 times the adjusted
marginal cost pupil units in the district for the year in which the levy is certified. An
eligible school district must recognize this levy as revenue in fiscal year 2009.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for taxes payable in 2009 only.
new text end
Sec. 35. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end
new text begin Subd. 2. new text end
new text begin Independent School District No. 239, Rushford-Peterson. new text end
new text begin
For school
district flood enrollment impact aid as a result of the floods of August 2007.
new text end
|
new text begin
$ new text end |
new text begin
158,000 new text end |
new text begin
..... new text end |
new text begin
2009 new text end |
new text begin
The base appropriation for fiscal year 2010 is $158,000. The base appropriation for
later years is zero.
new text end
new text begin
The district must provide to the commissioner of education documentation of
the additional pupil transportation costs and the number of pupils in average daily
membership lost as a result of the flood.
new text end
new text begin
Up to $40,000 is for increased costs associated with transporting students as a result
of the floods of August 2007.
new text end
new text begin Subd. 3. new text end
new text begin Independent School District No. 356, Lancaster. new text end
new text begin
For sparsity adjustment
aid.
new text end
|
new text begin
$ new text end |
new text begin
82,000 new text end |
new text begin
..... new text end |
new text begin
2009 new text end |
new text begin
This is a onetime appropriation.
new text end
Sec. 36. new text begin REPEALER.
new text end
new text begin
(a) Minnesota Statutes 2006, section 126C.21, subdivision 1,
new text end
new text begin
is repealed for revenue
for fiscal year 2009 and later.
new text end
new text begin
(b) Minnesota Statutes 2006, section 126C.10, subdivisions 35 and 36,
new text end
new text begin
are repealed
for revenue for fiscal year 2010 and later.
new text end
new text begin
(c) Minnesota Statutes 2006, section 127A.45, subdivision 7a,
new text end
new text begin
is repealed.
new text end
new text begin
(d) Minnesota Statutes 2007 Supplement, section 126C.10, subdivision 34,
new text end
new text begin
is
repealed for revenue for fiscal year 2010 and later.
new text end
new text begin
(e) Laws 2007, First Special Session chapter 2, article 1, section 11, subdivisions 3,
and 4,
new text end
new text begin
are repealed.
new text end
ARTICLE 3
EDUCATION EXCELLENCE
Section 1.
new text begin
[120B.17] MINNESOTA VIRTUAL EDUCATION PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Program. new text end
new text begin
A state of Minnesota virtual education program is
established for teachers and students to improve and enhance teacher instruction and
student learning through integration of technology and online learning. The commissioner
of education shall establish the program and develop a selection of online courses for
students and lesson plans for teachers. The online student courses shall be established
for grades 6 through 12.
new text end
new text begin Subd. 2. new text end
new text begin Scope and requirements. new text end
new text begin
(a) The student courses and teacher lesson plans
shall be developed by department staff, content experts, licensed Minnesota teachers,
licensed administrators, and business representatives. The courses must be aligned to
the Minnesota academic standards established in Minnesota Rules, chapter 3501. The
commissioner of education, in working with qualified individuals, must establish at
least ten student courses and teacher lesson plans that will be available to students and
teachers no later than the 2009-2010 school year. The commissioner must give priority
in the development of courses and lesson plans to science, technology, engineering,
mathematics, and advanced courses. The courses available to students must be monitored
and delivered by licensed Minnesota teachers under section 122A.16
new text end
new text begin
(b) School districts and charter schools participating in the program must:
new text end
new text begin
(1) submit a letter of intent to the commissioner of education;
new text end
new text begin
(2) allow students to participate in the program;
new text end
new text begin
(3) train teachers to monitor and deliver courses;
new text end
new text begin
(4) allow students to receive graduation credit, if appropriate, for successful
completion of the courses;
new text end
new text begin
(5) issue grades to students enrolled in the online courses; and
new text end
new text begin
(6) report progress to the department on student participation and completion rates.
new text end
new text begin Subd. 3. new text end
new text begin Report. new text end
new text begin
The commissioner of education must submit a report to the chairs
of the house of representatives and senate education committees by October 1, 2010,
assessing the progress and development of the program.
new text end
Sec. 2.
new text begin
[120B.299] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
The definitions in this section apply to this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Growth. new text end
new text begin
"Growth" compares the difference between a student's
achievement score at two distinct points in time.
new text end
new text begin Subd. 3. new text end
new text begin Value-added. new text end
new text begin
"Value-added" is the amount of achievement a student
demonstrates above an established baseline.
new text end
new text begin Subd. 4. new text end
new text begin Growth-based value-added. new text end
new text begin
"Growth-based value-added" is a
value-added system of assessments that measures the difference between an established
baseline of growth and a student's growth over time.
new text end
new text begin Subd. 5. new text end
new text begin Adequate yearly progress. new text end
new text begin
Adequate yearly progress compares the
average achievement of two different groups of students at two different points in time.
new text end
new text begin Subd. 6. new text end
new text begin State growth norm. new text end
new text begin
"State growth norm" is an established statewide
percentile, or standard applicable to all students in a particular grade benchmarked to an
established school year. Beginning in the 2008-2009 school year, the state growth norm
is benchmarked to 2006-2007 school year data until the commissioner next changes the
vertically linked scale score. Each time the commissioner changes the vertically linked
scale score, a recognized Minnesota assessment group composed of assessment and
evaluation directors and staff and researchers, under section 120B.299, subdivision 6, in
collaboration with the Independent Office of Educational Accountability under section
120B.31, subdivision 3, must recommend a new state growth norm that the commissioner
shall consider with the revised standards. For each newly established state growth
norm, the commissioner also must establish criteria for identifying schools and school
districts that demonstrate accelerated growth in order to advance educators' professional
development and to replicate programs that succeed in meeting students' diverse learning
needs.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2007 Supplement, section 120B.30, subdivision 1a, is
amended to read:
Subd. 1a.
Statewide and local assessments; results.
(a) The commissioner must
develop reading, mathematics, and science assessments aligned with state academic
standards that districts and sites must use to monitor student growth toward achieving
those standards. The commissioner must not develop statewide assessments for academic
standards in social studies, health and physical education, and the arts. The commissioner
must require:
(1) annual reading and mathematics assessments in grades 3 through 8 and at the
high school level for the 2005-2006 school year and later; and
(2) annual science assessments in one grade in the grades 3 through 5 span, the
grades 6 through 9 span, and a life sciences assessment in the grades 10 through 12 span
for the 2007-2008 school year and later.
(b) The commissioner must ensure that all statewide tests administered to elementary
and secondary students measure students' academic knowledge and skills and not students'
values, attitudes, and beliefs.
(c) Reporting of assessment results must:
(1) provide timely, useful, and understandable information on the performance of
individual students, schools, school districts, and the state;
(2) include, by no later than the 2008-2009 school year, a new text begin growth-based, new text end value-added
deleted text begin component that is in addition to a measure for student achievement growth over timedeleted text end new text begin
indicator of student achievement under section 120B.35, subdivision 3, paragraph (b)new text end ; and
(3)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine
whether students have met the state's basic skills requirements; and
(ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine
whether students have met the state's academic standards.
(d) Consistent with applicable federal law and subdivision 1, paragraph (d), clause
(1), the commissioner must include appropriate, technically sound accommodations or
alternative assessments for the very few students with disabilities for whom statewide
assessments are inappropriate and for students with limited English proficiency.
(e) A school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to evaluate student
deleted text begin progress in achieving thedeleted text end new text begin proficiency in the context of the state's grade levelnew text end academic
standards. If a state assessment is not available, a school, school district, and charter
school must determine locally if a student has met the required academic standards. A
school, school district, or charter school may use a student's performance on a statewide
assessment as one of multiple criteria to determine grade promotion or retention. A
school, school district, or charter school may use a high school student's performance on a
statewide assessment as a percentage of the student's final grade in a course, or place a
student's assessment score on the student's transcript.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2006, section 120B.31, as amended by Laws 2007, chapter
146, article 2, section 10, is amended to read:
120B.31 SYSTEM ACCOUNTABILITY deleted text begin AND STATISTICAL
ADJUSTMENTSdeleted text end .
Subdivision 1.
Educational accountability and public reporting.
Consistent
with the deleted text begin processdeleted text end new text begin directionnew text end to adopt deleted text begin a results-oriented graduation ruledeleted text end new text begin statewide academic
standardsnew text end under section 120B.02, the department, in consultation with education and other
system stakeholders, must deleted text begin establishdeleted text end new text begin maintainnew text end a coordinated and comprehensive system of
educational accountability and public reporting that promotes deleted text begin higherdeleted text end new text begin greaternew text end academic
achievementnew text begin , preparation for higher academic education, preparation for the world of
work, citizenship as outlined under sections 120B.021, subdivision 1, clause (4); and
120B.024, paragraph (a), clause (4), and the artsnew text end .
Subd. 2.
Statewide testing.
Each school year, all school districts shall give a
uniform statewide test to students at specified grades to provide information on the status,
needs and performance of Minnesota students.
Subd. 3.
Educational accountability.
(a) The Independent Office of Educational
Accountability, as authorized by Laws 1997, First Special Session chapter 4, article 5,
section 28, subdivision 2, is established, and shall be funded through the Board of Regents
of the University of Minnesota. The office shall advise the education committees of
the legislature and the commissioner of education, at least on a biennial basis, on the
degree to which the statewide educational accountability and reporting system includes a
comprehensive assessment framework that measures school accountability for students
achieving the goals described in the state's deleted text begin results-orienteddeleted text end new text begin high schoolnew text end graduation
rule. The office shall determine and annually report to the legislature whether and how
effectively:
(1) the statewide system of educational accountability deleted text begin utilizesdeleted text end new text begin usesnew text end multiple
indicators to provide valid and reliable comparative and contextual data on students,
schools, districts, and the state, and if not, recommend ways to improve the accountability
reporting system;
(2) deleted text begin the commissioner makes statistical adjustments when reporting student data over
time, consistent with clause (4);
deleted text end
deleted text begin (3)deleted text end the commissioner uses deleted text begin indicators of student achievement growthdeleted text end new text begin a growth-based
value-added indicator of student achievementnew text end over time deleted text begin and a value-added assessment
modeldeleted text end that estimates the effects of the school and school district on student achievement to
measure school performance, consistent with section deleted text begin 120B.36, subdivision 1deleted text end new text begin 120B.35,
subdivision 3, paragraph (b)new text end ;
deleted text begin (4)deleted text end new text begin (3)new text end the commissioner makes data available on students who do not pass one or
more of the state's required GRAD tests and do not receive a diploma as a consequence,
and categorizes these data according to gender, race, eligibility for free or reduced lunch,
and English language proficiency; and
deleted text begin (5)deleted text end new text begin (4)new text end the commissioner fulfills the requirements under section 127A.095,
subdivision 2.
(b) When the office reviews the statewide educational accountability and reporting
system, it shall also consider:
(1) the objectivity and neutrality of the state's educational accountability system; and
(2) the impact of a testing program on school curriculum and student learning.
Subd. 4.
Statistical adjustmentsnew text begin ; student performance datanew text end .
In deleted text begin developing
deleted text end new text begin managingnew text end policies and assessment processes to hold schools and districts accountable
for high levels of academic standards under section 120B.021, the commissioner shall
aggregate student data over time to report student performancenew text begin and growthnew text end levels
measured at the new text begin school, new text end school district, deleted text begin regional,deleted text end deleted text begin ordeleted text end new text begin andnew text end statewide level. When collecting
and reporting thenew text begin performancenew text end data, the commissioner shalldeleted text begin : (1) deleted text end deleted text begin acknowledge the impact
of significant demographic factors such as residential instability, the number of single
parent families, parents' level of education, and parents' income level on school outcomes;
and (2)deleted text end organize and report the data so that state and local policy makers can understand
the educational implications of changes in districts' demographic profiles over time. Any
report the commissioner disseminates containing summary data on student performance
must integrate student performance and the demographic factors that strongly correlate
with that performance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2006, section 120B.35, as amended by Laws 2007, chapter
147, article 8, section 38, is amended to read:
120B.35 STUDENT ACADEMIC ACHIEVEMENT AND deleted text begin PROGRESSdeleted text end new text begin
GROWTHnew text end .
Subdivision 1.
deleted text begin Adequate yearly progress of schools and studentsdeleted text end new text begin School and
student indicators of growth and achievementnew text end .
The commissioner must deleted text begin develop
and implementdeleted text end new text begin maintainnew text end a system for measuring and reporting academic achievement
and individual student deleted text begin progressdeleted text end new text begin growthnew text end , consistent with the statewide educational
accountability and reporting system. Thenew text begin systemnew text end components deleted text begin of the systemdeleted text end must measure
the adequate yearly progress of schools and new text begin the growth of new text end individual students: students'
current achievement in schools under subdivision 2; and individual students' educational
deleted text begin progressdeleted text end new text begin growthnew text end over time under subdivision 3. The system also must include statewide
measures of student academic deleted text begin achievementdeleted text end new text begin growthnew text end that identify schools with high levels
of deleted text begin achievementdeleted text end new text begin growthnew text end , and also schools with low levels of deleted text begin achievementdeleted text end new text begin growthnew text end that need
improvement. When determining a school's effect, the data must include both statewide
measures of student achievement anddeleted text begin , to the extent annual tests are administered,deleted text end
indicators of achievement growth that take into account a student's prior achievement.
Indicators of achievement and prior achievement must be based on highly reliable
statewide or districtwide assessments. Indicators that take into account a student's prior
achievement must not be used to disregard a school's low achievement or to exclude
a school from a program to improve low achievement levels. deleted text begin The commissioner by
January 15, 2002, must submit a plan for integrating these components to the chairs of
the legislative committees having policy and budgetary responsibilities for elementary
and secondary education.
deleted text end
Subd. 2.
new text begin Expectations for federally mandated new text end student academic achievement.
(a) Each school year, a school district must determine if the student achievement levels
at each school site meet deleted text begin state and localdeleted text end new text begin federally mandatednew text end expectations. If student
achievement levels at a school site do not meet deleted text begin state and localdeleted text end new text begin federally mandatednew text end
expectations and the site has not made adequate yearly progress for two consecutive
school years, beginning with the 2001-2002 school year, the district must work with the
school site to adopt a plan to raise student achievement levels to meet deleted text begin state and localdeleted text end new text begin
federally mandatednew text end expectations. The commissioner of education shall establish student
academic achievement levelsnew text begin to comply with this paragraphnew text end .
(b) School sites identified as not meeting new text begin federally mandated new text end expectations must
develop continuous improvement plans in order to meet deleted text begin state and localdeleted text end new text begin federally mandatednew text end
expectations for student academic achievement. The department, at a district's request,
must assist the district and the school site in developing a plan to improve student
achievement. The plan must include parental involvement components.
(c) The commissioner must:
(1) deleted text begin provide assistance todeleted text end new text begin assistnew text end school sites and districts identified as not meeting
new text begin federally mandated new text end expectations; and
(2) provide technical assistance to schools that integrate student deleted text begin progressdeleted text end measures
deleted text begin under subdivision 3deleted text end in the school continuous improvement plan.
(d) The commissioner shall establish and maintain a continuous improvement Web
site designed to make data on every school and district available to parents, teachers,
administrators, community members, and the general public.
Subd. 3.
Student deleted text begin progress assessmentdeleted text end new text begin growth; other state measuresnew text end .
(a)
Thenew text begin state'snew text end educational assessment system deleted text begin componentdeleted text end measuring individual students'
educational deleted text begin progress must bedeleted text end new text begin growth isnew text end baseddeleted text begin , to the extent annual tests are administered,deleted text end
on indicators of achievement growth that show an individual student's prior achievement.
Indicators of achievement and prior achievement deleted text begin must bedeleted text end new text begin arenew text end based on highly reliable
statewide or districtwide assessments.
(b) The commissioner must deleted text begin identify effective models for measuring individual
student progress that enable a school district or school site to perform gains-based
analysis, including evaluating the effects of the teacher, school, and school district on
student achievement over time. At least one model must be a "value-added" assessment
model that reliably estimates those effects for classroom settings where a single teacher
teaches multiple subjects to the same group of students, for team teaching arrangements,
and for other teaching circumstances.deleted text end new text begin use a growth-based value-added system. The
commissioner must apply the state growth norm to students in grades 4 through 8
beginning in the 2008-2009 school year, consistent with section 120B.299, subdivision
6, initially benchmarking the state growth norm to 2007-2008 school year data. The
model must allow the user to:
new text end
new text begin
(1) report student growth at and above the state norm; and
new text end
new text begin
(2) for all student categories with a cell size of at least 20, report and compare
aggregated and disaggregated state growth data using the nine student categories identified
under the federal 2001 No Child Left Behind Act and two student gender categories of
male and female, respectively. The model must have the ability to measure the effects on
student growth at the school level.
new text end
(c) deleted text begin If a district has an accountability plan that includes gains-based analysis or
"value-added" assessment, the commissioner shall, to the extent practicable, incorporate
those measures in determining whether the district or school site meets expectations. The
department must coordinate with the district in evaluating school sites and continuous
improvement plans, consistent with best practices.deleted text end new text begin If a district has an accountability
plan that includes other growth-based value-added analysis, the commissioner may, to
the extent practicable and consistent with this section, incorporate those measures in
determining whether the district or school site shows growth. When reporting student
performance under section 120B.36, subdivision 1, the commissioner annually, beginning
July 1, 2011, must report two core measures indicating the extent to which current high
school graduates are being prepared for postsecondary academic and career opportunities:
new text end
new text begin
(1) a preparation measure indicating the number and percentage of high school
graduates in the most recent school year who completed course work important to
preparing them for postsecondary academic and career opportunities, consistent with the
core academic subjects required for admission to Minnesota's public four-year colleges
and universities as determined by the Minnesota Office of Higher Education under chapter
136A; and
new text end
new text begin
(2) a rigorous coursework measure indicating the number and percentage of high
school graduates in the most recent school year who successfully completed one or more
college-level advanced placement, international baccalaureate, postsecondary enrollment
options, other rigorous courses of study under section 120B.021, subdivision 1a, or
industry certification courses.
new text end
new text begin
When reporting the core measures under clauses (1) and (2), the commissioner must also
analyze and report separate categories of information using the nine student categories
identified under the federal 2001 No Child Left Behind Act and two student gender
categories of male and female, respectively.
new text end
Subd. 4.
Improving schools.
Consistent with the requirements of this section, the
commissioner of education must deleted text begin establish a second achievement benchmark to identify
improving schools. The commissioner must recommend todeleted text end new text begin annually report to the public
andnew text end the legislature deleted text begin by February 15, 2002, indicators in addition to the achievement
benchmark for identifying improving schools, including an indicator requiring a school to
demonstrate ongoing successful use of best teaching practicesdeleted text end new text begin best practices learned from
those schools that demonstrate accelerated growth compared to the state growth normnew text end .
Subd. 5.
Improving graduation rates for students with emotional or behavioral
disorders.
(a) A district must develop strategies in conjunction with parents of students
with emotional or behavioral disorders and the county board responsible for implementing
sections 245.487 to 245.4889 to keep students with emotional or behavioral disorders in
school, when the district has a drop-out rate for students with an emotional or behavioral
disorder in grades 9 through 12 exceeding 25 percent.
(b) A district must develop a plan in conjunction with parents of students with
emotional or behavioral disorders and the local mental health authority to increase the
graduation rates of students with emotional or behavioral disorders. A district with a
drop-out rate for children with an emotional or behavioral disturbance in grades 9 through
12 that is in the top 25 percent of all districts shall submit a plan for review and oversight
to the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
Subdivision 3, paragraph (b), applies to students in the
2009-2010 school year and later. Subdivision 3, paragraph (c), applies to students in the
2010-2011 school year and later. Subdivision 4 applies in the 2011-2012 school year
and later.
new text end
Sec. 6.
Minnesota Statutes 2006, section 120B.36, as amended by Laws 2007, chapter
146, article 2, section 11, is amended to read:
120B.36 SCHOOL ACCOUNTABILITY; APPEALS PROCESS.
Subdivision 1.
School performance report cards.
(a) The commissioner shall deleted text begin use
objective criteria based on levels of student performance todeleted text end report deleted text begin at leastdeleted text end student academic
performancenew text begin under section 120B.35, subdivision 2, a table showing the percentages
of students at and above the state growth norm under section 120B.35, subdivision 3,
paragraph (b)new text end , school safetynew text begin , rigorous coursework under section 120B.35, subdivision 3,
paragraph (c)new text end , two separate student-to-teacher ratios that clearly indicate the definition of
teacher consistent with sections 122A.06 and 122A.15 for purposes of determining these
ratios, deleted text begin anddeleted text end staff characteristicsnew text begin excluding salariesnew text end , deleted text begin with a value-added component added no
later than the 2008-2009 school yeardeleted text end new text begin student enrollment demographics, district mobility,
and extracurricular activitiesnew text end . deleted text begin The report must indicate a school's adequate yearly progress
status, and must not set any designations applicable to high- and low-performing schools
due solely to adequate yearly progress status.
deleted text end
(b) The commissioner shall develop, annually update, and post on the department
Web site school performance report cards.
(c) The commissioner must make available deleted text begin the firstdeleted text end performance report cards by
deleted text begin November 2003, and duringdeleted text end the beginning of each school year deleted text begin thereafterdeleted text end .
(d) A school or district may appeal its adequate yearly progress status in writing to
the commissioner within 30 days of receiving the notice of its status. The commissioner's
decision to uphold or deny an appeal is final.
(e) School performance report deleted text begin cardsdeleted text end new text begin cardnew text end data are nonpublic data under section
13.02, subdivision 9, until not later than ten days after the appeal procedure described in
paragraph (d) concludes. The department shall annually post school performance report
cards to its public Web site no later than September 1.
Subd. 2.
Adequate yearly progress data.
All data the department receives,
collects, or creates deleted text begin for purposes of determiningdeleted text end new text begin to determinenew text end adequate yearly progress
deleted text begin designationsdeleted text end new text begin statusnew text end under Public Law 107-110, section 1116,new text begin set state growth norms, and
determine student growthnew text end are nonpublic data under section 13.02, subdivision 9, until not
later than ten days after the appeal procedure described in subdivision 1, paragraph (d),
concludes. Districts must provide parents sufficiently detailed summary data to permit
parents to appeal under Public Law 107-110, section 1116(b)(2). The department shall
annually postnew text begin federally mandatednew text end adequate yearly progress datanew text begin and state student growth
datanew text end to its public Web site no later than September 1.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Minnesota Statutes 2006, section 120B.362, is amended to read:
120B.362 new text begin GROWTH-BASED new text end VALUE-ADDED ASSESSMENT PROGRAM.
deleted text begin (a)deleted text end The commissioner of education must implement a new text begin growth-based new text end value-added
assessment program to assist school districts, public schools, and charter schools in
assessing and reporting individual students' growth in academic achievement under section
120B.30, subdivision 1a. The program must use assessments of individual students'
academic achievement to make longitudinal comparisons of each student's academic
growth over time. deleted text begin School districts, public schools, and charter schools may apply to the
commissioner to participate in the initial trial program using a form and in the manner the
commissioner prescribes. The commissioner must select program participants from urban,
suburban, and rural areas throughout the state.
deleted text end
deleted text begin
(b) The commissioner may issue a request for proposals to contract with an
organization that provides a value-added assessment model that reliably estimates school
and school district effects on students' academic achievement over time. The model the
commissioner selects must accommodate diverse data and must use each student's test
data across grades. Data on individual teachers generated under the model are personnel
data under section 13.43.
deleted text end
deleted text begin
(c) The contract under paragraph (b) must be consistent with the definition of "best
value" under section 16C.02, subdivision 4.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2006, section 122A.21, is amended to read:
122A.21 TEACHERS' AND ADMINISTRATORS' LICENSES; FEESnew text begin ;
LICENSURE VIA PORTFOLIOnew text end .
new text begin (a) new text end Each application for the issuance, renewal, or extension of a license to teachnew text begin ,
including candidates for licensure via portfolio under paragraph (b), new text end must be accompanied
by a processing fee of $57. Each application for issuing, renewing, or extending the
license of a school administrator or supervisor must be accompanied by a processing fee
in the amount set by the Board of Teaching. The processing fee for a teacher's license and
for the licenses of supervisory personnel must be paid to the executive secretary of the
appropriate board. The executive secretary of the board shall deposit the fees with the
commissioner of finance. The fees as set by the board are nonrefundable for applicants not
qualifying for a license. However, a fee must be refunded by the commissioner of finance
in any case in which the applicant already holds a valid unexpired license. The board may
waive or reduce fees for applicants who apply at the same time for more than one license.
new text begin
(b) A qualified candidate may use licensure via portfolio to obtain an initial
licensure or to add a licensure field. A candidate for initial licensure must submit one
portfolio demonstrating pedagogical competence and one portfolio demonstrating
content competence consistent with the applicable Board of Teaching licensure rules. A
candidate seeking to add a licensure field must submit one portfolio demonstrating content
competence consistent with the Board of Teaching licensure rule. Candidates must
submit all portfolios to the Educator Licensing Division at the Minnesota Department of
Education. A candidate must pay a $500 fee for the first portfolio submitted for review and
a $250 fee for any portfolio submitted subsequently. The fees must be paid to the executive
secretary of the Board of Teaching. The revenue generated from the fee must be deposited
in an account in the state government special revenue fund. Money in the account,
including interest earned, is appropriated to the board for the operation of licensure via
portfolio. The fees as set by the board are nonrefundable for applicants not qualifying for
a license. The board may waive or reduce fees for candidates based on financial need.
new text end
Sec. 9.
Minnesota Statutes 2006, section 122A.415, is amended by adding a
subdivision to read:
new text begin Subd. 4. new text end
new text begin Basic alternative teacher compensation aid. new text end
new text begin
(a) For fiscal year 2010
and later, the basic alternative teacher compensation aid for a school district with a plan
approved under section 122A.414, subdivision 2b, equals 65 percent of the alternative
teacher compensation revenue under subdivision 1. The basic alternative teacher
compensation aid for an intermediate school district or charter school with a plan approved
under section 122A.414, subdivisions 2a and 2b, if the recipient is a charter school, equals
$260 times the number of pupils enrolled in the school on October 1 of the previous
fiscal year, or on October 1 of the current fiscal year for a charter school in the first year
of operation, times the ratio of the sum of the alternative teacher compensation aid and
alternative teacher compensation levy for all participating school districts to the maximum
alternative teacher compensation revenue for those districts under subdivision 1.
new text end
new text begin
(b) Notwithstanding paragraph (a) and subdivision 1, the state total basic alternative
teacher compensation aid entitlement must not exceed $46,781,000 for fiscal year 2010
and $46,538,000 for fiscal year 2011 and later. The commissioner must limit the amount
of alternative teacher compensation aid approved under this section so as not to exceed
these limits.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2010
and later.
new text end
Sec. 10.
Minnesota Statutes 2006, section 122A.415, is amended by adding a
subdivision to read:
new text begin Subd. 5. new text end
new text begin Alternative teacher compensation levy. new text end
new text begin
For fiscal year 2010 and later,
the alternative teacher compensation levy for a district receiving basic alternative teacher
compensation aid equals the product of: (1) the difference between the district's alternative
teacher compensation revenue, under subdivision 1, and the district's basic alternative
teacher compensation aid, under subdivision 4; times (2) the lesser of one or the ratio of
the district's adjusted net tax capacity per adjusted pupil unit to $5,913.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2010
and later.
new text end
Sec. 11.
Minnesota Statutes 2006, section 122A.415, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Alternative teacher compensation aid. new text end
new text begin
(a) For fiscal year 2010 and
later, a district's alternative teacher compensation equalization aid equals the district's
alternative teacher compensation revenue, minus the district's basic alternative teacher
compensation aid, minus the district's alternative teacher compensation levy. If a district
does not levy the entire amount permitted under subdivision 5, the alternative teacher
compensation equalization aid must be reduced in proportion to the actual amount levied.
new text end
new text begin
(b) A district's alternative teacher compensation aid equals the sum of the
district's basic alternative teacher compensation aid and the district's alternative teacher
compensation equalization aid.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for revenue for fiscal year 2010
and later.
new text end
Sec. 12.
Minnesota Statutes 2006, section 122A.72, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Teacher institute functions. new text end
new text begin
A teacher institute shall perform functions
according to this subdivision. The teacher institute shall assist teachers in providing
advanced training during the summer months to licensed mathematics and science
teachers in the areas of content knowledge and effective instruction practices. The teacher
may be eligible for graduate-level credits upon successful completion of the institute. The
application process and criteria for admission to the teacher institute shall be established
by the commissioner of education.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for the 2008-2009 school year and
later.
new text end
Sec. 13.
new text begin
[123B.881] REGIONAL PUPIL TRANSPORTATION SERVICES.
new text end
new text begin
Three or more contiguous school districts in Hennepin County may enter into a
cooperative agreement to provide pupil transportation services upon a majority vote of
the school board. School districts that choose to participate in a cooperative agreement
under this section must agree to jointly provide transportation services to all students
who attend school in the participating school districts. School districts that choose to
participate in a cooperative agreement under this section may jointly operate bus garages
and maintenance facilities. School districts that agree to enter a cooperative agreement
under this section must report to the legislature by January 15 on the third year after
the inception of the cooperative agreement. The report must analyze the cost savings
and operating efficiencies to the districts, as well as the impacts on school bus drivers,
school bus maintenance workers, clerical workers, administrative workers, and technical
workers assigned to school bus duties.
new text end
Sec. 14.
Minnesota Statutes 2006, section 124D.09, subdivision 5, is amended to read:
Subd. 5.
Authorization; notification.
Notwithstanding any other law to the
contrary, an 11th or 12th grade pupil enrolled in a school or an American Indian-controlled
tribal contract or grant school eligible for aid under section 124D.83, except a foreign
exchange pupil enrolled in a district under a cultural exchange program, may apply to an
eligible institution, as defined in subdivision 3, to enroll in nonsectarian courses offered by
that postsecondary institution. If an institution accepts a secondary pupil for enrollment
under this section, the institution shall send written notice to the pupil, the pupil's school
or school district, and the commissioner within ten days of acceptance. The notice must
indicate the course and hours of enrollment of that pupil. If the pupil enrolls in a course
for postsecondary creditnew text begin onlynew text end , the institution must notify the pupil about payment in the
customary manner used by the institution.
Sec. 15.
Minnesota Statutes 2007 Supplement, section 124D.095, subdivision 3,
is amended to read:
Subd. 3.
Authorization; notice; limitations on enrollment.
(a) A student may
apply for full-time enrollment in an approved online learning program under section
124D.03, 124D.08 or 124D.10deleted text begin , or for supplemental online learningdeleted text end . Notwithstanding
sections 124D.03, 124D.08, and 124D.10, procedures for enrolling in new text begin supplemental new text end online
learning shall be as provided in this subdivision. A student age 17 or younger must
have the written consent of a parent or guardian to apply. No school district or charter
school may prohibit a student from applying to enroll in online learning. In order that a
student may enroll in online learning, the student and the student's parents must submit an
application to the online learning provider and identify the reason for enrolling in online
learning. The online learning provider that accepts a student under this section must within
ten days notify the student and the enrolling district in writing if the enrolling district is
not the online learning provider. The student and family must notify the online learning
provider of their intent to enroll in online learning within ten days of acceptance, at which
time the student and parent must sign a statement of assurance that they have reviewed the
online course or program and understand the expectations of online learning enrollment.
The online learning provider must notify the enrolling district of the student's deleted text begin enrollmentdeleted text end new text begin
application to enrollnew text end in online learning in writing on a form provided by the department.
(b) Supplemental online learning notification to the enrolling district upon student
deleted text begin enrollment indeleted text end new text begin application tonew text end the online learning deleted text begin programdeleted text end new text begin providernew text end will include the courses
or program, credits to be awarded, new text begin and new text end the start date of online enrollmentdeleted text begin , and confirmation
that the courses will meet the student's graduation plandeleted text end . new text begin An online learning provider
must make available to the enrolling district the course syllabus in a format established
by the commissioner that identifies the state standards met by the course, content
outline, assessment requirements, expectations for actual teacher contact time, other
student-to-teacher communication, and academic support for supplemental online courses
taken by students in the enrolling district. Within 15 days after the online learning provider
makes information in this paragraph available to the enrolling district, the enrolling district
must either confirm or deny to the online provider that the student, parent or guardian, and
enrolling district have agreed the courses meet the student's graduation requirements. An
online learning course or program that meets or exceeds a graduation standard or grade
progression requirements at the enrolling district as demonstrated on the online provider's
syllabus must be considered to meet the corresponding graduation requirements of the
student in the enrolling district. new text end A student may enroll in supplemental online learning
courses up to the midpoint of the enrolling district's term. The enrolling district may waive
this requirement for special circumstances and upon acceptance by the online provider.
(c) An online learning provider must notify the commissioner that it is delivering
online learning and report the number of online learning students it is accepting and the
online learning courses and programs it is delivering.
(d) An online learning provider may limit enrollment if the provider's school board
or board of directors adopts by resolution specific standards for accepting and rejecting
students' applications.
(e) An enrolling district may reduce an online learning student's regular classroom
instructional membership in proportion to the student's membership in online learning
courses.
new text begin
(f) The online provider must report student progress to the student, parent or
guardian, and enrolling district in a manner specified by the commissioner unless
previously agreed upon by the enrolling district and the online provider. The enrolling
district must designate a contact person to assist in the facilitation and monitoring of
student progress.
new text end
Sec. 16.
Minnesota Statutes 2007 Supplement, section 124D.095, subdivision 4,
is amended to read:
Subd. 4.
Online learning parameters.
(a) An online learning student must receive
academic credit for completing the requirements of an online learning course or program.
Secondary credits granted to an online learning student must be counted toward the
graduation and credit requirements of the enrolling district. deleted text begin An online learning provider
must make available to the enrolling district the course syllabus, standard alignment,
content outline, assessment requirements, and contact information for supplemental online
courses taken by students in the enrolling district.deleted text end The enrolling district must apply the
same graduation requirements to all students, including online learning students, and
must continue to provide nonacademic services to online learning students. If a student
completes an online learning course or program that meets or exceeds a graduation
standard or grade progression requirement at the enrolling district, that standard or
requirement is met. The enrolling district must use the same criteria for accepting online
learning credits or courses as it does for accepting credits or courses for transfer students
under section 124D.03, subdivision 9. The enrolling district may reduce the course
schedule of an online learning student in proportion to the number of online learning
courses the student takes from an online learning provider that is not the enrolling district.
(b) An online learning student may:
(1) enroll in supplemental online learning courses during a single school year to a
maximum of 50 percent of the student's full schedule of courses per term. A student may
exceed the supplemental online learning registration limit if the enrolling district grants
permission for supplemental online learning enrollment above the limit, or if an agreement
is made between the enrolling district and the online learning provider for instructional
services;
(2) complete course work at a grade level that is different from the student's current
grade level; and
(3) enroll in additional courses with the online learning provider under a separate
agreement that includes terms for payment of any tuition or course fees.
(c) An online learning student has the same access to the computer hardware and
education software available in a school as all other students in the enrolling district. An
online learning provider must assist an online learning student whose family qualifies
for the education tax credit under section 290.0674 to acquire computer hardware and
educational software for online learning purposes.
(d) An enrolling district new text begin or charter schoolnew text end may offer online learning to its enrolled
students. Such online learning does not generate online learning funds under this section.
An enrolling district new text begin or charter schoolnew text end that offers online learning only to its enrolled
students is not subject to the reporting requirements or review criteria under subdivision 7new text begin ,
unless the enrolling district or charter school is a full-time online providernew text end . A teacher with
a Minnesota license must assemble and deliver instruction to enrolled students receiving
online learning from an enrolling district new text begin or charter schoolnew text end . The delivery of instruction
occurs when the student interacts with the computer or the teacher and receives ongoing
assistance and assessment of learning. The instruction may include curriculum developed
by persons other than a teacher with a Minnesota license.
(e) deleted text begin Andeleted text end new text begin Both full-time and supplemental new text end online learning deleted text begin provider that is not the
enrolling district isdeleted text end new text begin providers arenew text end subject to the reporting requirements and review criteria
under subdivision 7. A teacher with a Minnesota license must assemble and deliver
instruction to online learning students. The delivery of instruction occurs when the student
interacts with the computer or the teacher and receives ongoing assistance and assessment
of learning. The instruction may include curriculum developed by persons other than a
teacher with a Minnesota license. Unless the commissioner grants a waiver, a teacher
providing online learning instruction must not instruct more than 40 students in any one
online learning course or program.
(f) To enroll in more than 50 percent of the student's full schedule of courses per term
in online learning, the student must qualify to exceed the supplemental online learning
registration limit under paragraph (b) or apply for enrollment to an approved full-time
online learning program following appropriate procedures in subdivision 3, paragraph (a).
Full-time online learning students may enroll in classes at a local school per contract for
instructional services between the online learning provider and the school district.
Sec. 17.
Minnesota Statutes 2007 Supplement, section 124D.095, subdivision 7,
is amended to read:
Subd. 7.
Department of Education.
(a) The department must review and
certify online learning providers. The online learning courses and programs must be
rigorous, aligned with state academic standards, and contribute to grade progression
in a single subject. deleted text begin Online learning providers must demonstrate to the commissioner
that online learning courses have equivalent standards or instruction, curriculum, and
assessment requirements as other courses offered to enrolled students. The online
learning provider must also demonstrate expectations for actual teacher contact time
or other student-to-teacher communicationdeleted text end new text begin The online provider must provide written
assurance that all courses meet state academic standards, and that the online learning
curriculum, instruction and assessment, expectations for actual teacher contact time or
other student-to-teacher communication, and academic support meet nationally recognized
professional standards and are demonstrated as such in a syllabus provided according to
the commissioner's requirementsnew text end . Once an online learning provider is approved under
this paragraph, all of its online learning course offerings are eligible for payment under
this section unless a course is successfully challenged by an enrolling district or the
department under paragraph (b).
(b) An enrolling district may challenge the validity of a course offered by an online
learning provider. The department must review such challenges based on the certification
procedures under paragraph (a). The department may initiate its own review of the validity
of an online learning course offered by an online learning provider.
(c) The department may collect a fee not to exceed $250 for certifying online
learning providers or $50 per course for reviewing a challenge by an enrolling district.
(d) The department must develop, publish, and maintain a list of approved online
learning providers and online learning courses and programs that it has reviewed and
certified.
Sec. 18.
Minnesota Statutes 2006, section 124D.095, subdivision 10, is amended to
read:
Subd. 10.
Online Learning Advisory Council.
(a) An Online Learning Advisory
Council is established under section 15.059, except that the term for each council member
shall be three years. The advisory council is composed of 12 members from throughout
the state who have demonstrated experience with or interest in online learning. The
members of the council shall be appointed by the commissioner. The advisory council
shall bring to the attention of the commissioner any matters related to online learning and
provide input to the department in matters related, but not restricted, to:
(1) quality assurance;
(2) teacher qualifications;
(3) program approval;
(4) special education;
(5) attendance;
(6) program design and requirements; and
(7) fair and equal access to programs.
deleted text begin
(b) The Online Learning Advisory Council under this subdivision expires June
30, 2008.
deleted text end
new text begin
(b) Notwithstanding section 15.059, subdivision 5, the council expires June 30, 2009.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 19.
Laws 2007, chapter 146, article 2, section 46, subdivision 11, is amended to
read:
Subd. 11.
Statewide testing and reporting system.
For the statewide testing and
reporting system under Minnesota Statutes, section 120B.30:
| $ |
15,150,000 |
..... |
2008 |
|
| $ |
deleted text begin
15,150,000 deleted text end new text begin 12,900,000 new text end |
..... |
2009 |
Any testing contracts awarded by the commissioner using appropriations in this
subdivision must include as part of that testing contract a method to vertically link testing
questions across grade levels for the purposes of working towards a statewide growth
model.
deleted text begin
$1,150,000 each year is for the value-added index assessment model.
deleted text end
Any balance in the first year does not cancel but is available in the second year.
new text begin
The base for fiscal year 2010 and later is $13,000,000.
new text end
Sec. 20.
Laws 2007, chapter 146, article 2, section 46, subdivision 13, is amended to
read:
Subd. 13.
Preadvanced placement, advanced placement, international
baccalaureate, and concurrent enrollment programs.
For preadvanced placement,
advanced placement, international baccalaureate, and concurrent enrollment programs
under Minnesota Statutes, sections 120B.132 and 124D.091:
| $ |
6,500,000 |
..... |
2008 |
|
| $ |
6,500,000 |
..... |
2009 |
Of this amount, $2,500,000 each year is for concurrent enrollment program aid
under Minnesota Statutes, section 124D.091. If the appropriation is insufficient, the
commissioner must proportionately reduce the aid payment to each district. new text begin Any balance
in the first year does not cancel but is available in the second year.
new text end
deleted text begin The base appropriation for fiscal year 2010 and later is $2,000,000deleted text end new text begin This is a onetime
appropriationnew text end .
Sec. 21.
Laws 2007, chapter 146, article 2, section 46, subdivision 19, is amended to
read:
Subd. 19.
Educational Planning and Assessment System (EPAS) program.
For
the Educational Planning and Assessment System (EPAS) program under Minnesota
Statutes, section 120B.128:
| $ |
deleted text begin
829,000
deleted text end
new text begin
600,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
829,000
deleted text end
new text begin
400,000 new text end |
..... |
2009 |
Any balance in the first year does not cancel but is available in the second year.
new text begin This is a onetime appropriation.
new text end
Sec. 22.
Laws 2007, chapter 146, article 2, section 46, subdivision 20, is amended to
read:
Subd. 20.
College-level examination program (CLEP).
For the college-level
examination program (CLEP) under Minnesota Statutes, section 120B.131:
| $ |
deleted text begin
1,650,000 deleted text end new text begin 850,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
1,650,000 deleted text end new text begin 500,000 new text end |
..... |
2009 |
Any balance in the first year does not cancel but is available in the second year.
new text begin This is a onetime appropriation.
new text end
Sec. 23.
Laws 2007, chapter 146, article 3, section 23, subdivision 2, is amended to
read:
Subd. 2.
Report.
new text begin (a)new text end The task force must submit to the education policy and finance
committees of the legislature by February 15, deleted text begin 2008deleted text end new text begin 2009new text end , a report that identifies and
clearly and concisely explains each provision in state law or rule that exceeds deleted text begin or expands
upondeleted text end a minimum federal requirement contained in law or regulation for providing special
education programs and services to eligible students. The report also must recommend
which state deleted text begin provisionsdeleted text end new text begin statutes and rulesnew text end that exceed deleted text begin or expand upondeleted text end a minimum federal
requirement may be amended to conform with minimum federal requirementsnew text begin or made
more effective as determined by a majority of the task force membersnew text end . new text begin The task force must
recommend rules governing the use of aversive and deprivation procedures by school
district employees or persons under contract with a school district.new text end The task force expires
when it submits its report to the legislature.
new text begin
(b) Consistent with subdivision 1, the Department of Education member of the
task force representing regulators shall be replaced with a parent advocate selected by a
statewide organization that advocates on behalf of families with children with disabilities.
new text end
new text begin
(c) The Department of Education must provide technical assistance at the request of
the task force.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 24.
Laws 2007, chapter 146, article 3, section 24, subdivision 9, is amended to
read:
Subd. 9.
Special Education Task Force.
For the task force to compare federal
and state special education requirements:
| $ |
20,000 |
..... |
2008 |
|
|
new text begin
$ new text end |
new text begin
20,000 new text end |
new text begin
..... new text end |
new text begin
2009 new text end |
This is a onetime appropriation.
Sec. 25. new text begin IMPLEMENTING A STUDENT GROWTH-BASED VALUE-ADDED
SYSTEM.
new text end
new text begin
(a) To implement the requirements of Minnesota Statutes, section 120B.35,
subdivision 3, paragraph (b), and to help parents and members of the public compare
the reported data, the commissioner must consult with a group of expert school district
assessment and evaluation staff, including a recognized Minnesota assessment group
composed of assessment and evaluation directors and staff and researchers under
Minnesota Statutes, section 120B.299, subdivision 6, and interested stakeholders,
including school superintendents, school principals, and school teachers to examine the
actual statewide performance of students using Minnesota's growth-based value-added
system and establish criteria for identifying schools and school districts that demonstrate
accelerated growth in order to advance educators' professional development and replicate
programs that succeed in meeting students' diverse learning needs.
new text end
new text begin
(b) The commissioner must submit a written report to the chairs and ranking
minority members of the education committees of the house of representatives and senate
by February 15, 2009, describing the criteria for identifying schools and school districts
that demonstrate accelerated growth.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to school report cards in the 2008-2009 school year and later.
new text end
Sec. 26. new text begin GROWTH-BASED VALUE-ADDED SYSTEM.
new text end
new text begin
The growth-based value-added system used by the commissioner of education to
comply with Minnesota Statutes, section 120B.35, subdivision 3, paragraph (b), must be
consistent with the growth-based value-added model contained in the document labeled
"Educational Report Card Growth Model, 2008." The document must be deposited with
the Minnesota Office of the Revisor of Statutes, the Minnesota Legislative Reference
Library, and the Minnesota State Law Library, where the document shall be maintained
until the commissioner implements the growth-based value-added system under
Minnesota Statutes, section 120B.35, subdivision 3, paragraph (b). The recognized
Minnesota assessment group composed of assessment and evaluation directors and
staff and researchers under Minnesota Statutes, section 120B.299, subdivision 6, must
determine whether the growth-based value-added model the commissioner uses to comply
with Minnesota Statutes, section 120B.35, subdivision 3, paragraph (b), is consistent with
the deposited document and report its determination to the education committees of the
house of representatives and senate by February 15, 2009.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 27. new text begin SCHOOL DISTRICT PLANS TO IMPROVE STUDENTS' ACADEMIC
ACHIEVEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin District academic achievement plan; priorities. new text end
new text begin
(a) A school
district experiencing disparities in academic achievement must develop a plan to
significantly improve students' academic achievement using concrete measures to
eliminate differences in academic performance among groups of students defined by
race, ethnicity, and income. The plan must:
new text end
new text begin
(1) reflect a research-based understanding of high-performing educational systems
and best educational practices;
new text end
new text begin
(2) include innovative and practical strategies and programs, whether existing or
new, that supplement district initiatives to increase students' academic achievement under
state and federal educational accountability requirements; and
new text end
new text begin
(3) contain valid and reliable measures of student achievement that the district uses
to demonstrate the efficacy of the district plan to the commissioner of education.
new text end
new text begin
(b) A district must address the elements considered by the advisory task force on
improving students' academic achievement, to the extent those elements are implicated in
the district's plan.
new text end
new text begin
(c) The district must include with the plan the amount of expenditures necessary
to implement the plan. The district must indicate how current resources are used to
implement the plan, including, but not limited to, state-limited English proficiency aid
under Minnesota Statutes, section 124D.65; integration revenue under Minnesota Statutes,
section 124D.86; early childhood family education revenue under Minnesota Statutes,
section 124D.135; school readiness aid under Minnesota Statutes, section 124D.16; basic
skills revenue under Minnesota Statutes, section 126C.10, subdivision 4; extended time
revenue under Minnesota Statutes, section 126C.10, subdivision 2a; and alternative
compensation revenue under Minnesota Statutes, section 122A.415.
new text end
new text begin Subd. 2. new text end
new text begin Plan. new text end
new text begin
(a) A school district by October 1, 2008, must submit its plan in
electronic format to the commissioner of education, consistent with subdivision 1.
new text end
new text begin
(b) The commissioner must analyze the commonalities and differences of the district
plans and submit the analysis and underlying data to the advisory task force on improving
students' academic achievement by November 1, 2008, and also report the substance of
the analyses to the education policy and finance committees of the legislature by January
1, 2009.
new text end
new text begin
(c) A school district that submits a plan must be given priority in funding if the
legislature provides funding for implementing the plans.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 28. new text begin ADVISORY TASK FORCE ON IMPROVING STUDENTS'
ACADEMIC ACHIEVEMENT.
new text end
new text begin
(a) An advisory task force on improving students' academic achievement is
established to review the plans submitted to the commissioner of education and
recommend to the education committees of the legislature a proposal for improving
students' academic achievement and eliminating differences in academic performance
among groups of students defined by race, ethnicity, and income. The task force members
must at least consider how the following education-related issues impact the educational
achievement of low-income and minority students:
new text end
new text begin
(1) rigorous preparation and coursework and how to (i) effectively invest in early
childhood and parent education, (ii) impose academic rigor and high expectations on
elementary and secondary students in low-income and minority schools, and (iii) provide
parents, educators, and community members with meaningful opportunities to collaborate
in educating students in low-income and minority schools;
new text end
new text begin
(2) professional development for educators and how to (i) provide stronger financial
and professional incentives to attract and retain experienced, bilingual, and culturally
competent teachers and administrators in low-income and minority schools, (ii) recruit and
retain teachers of color, and (iii) develop and include cultural sensitivity and interpersonal
and pedagogical skills training that teachers need for effective intercultural teaching;
new text end
new text begin
(3) English language learners and how to (i) use well designed tests, curricula,
and English as a second language programs and services as diagnostic tools to develop
effective student interventions, (ii) monitor students' language capabilities, (iii) provide
academic instruction in English that supports students' learning and is appropriate
for students' level of language proficiency, and (iv) incorporate the perspectives and
contributions of ethnic and racial groups, consistent with Minnesota Statutes, section
120B.022, subdivision 1, paragraph (b);
new text end
new text begin
(4) special education and how to (i) incorporate linguistic and cultural sensitivity
into special education diagnosis and referral, (ii) increase the frequency and quality of
prereferral interventions, and (iii) decrease the number of minority and nonnative English
speaking students inappropriately placed in special education;
new text end
new text begin
(5) GRAD tests and how to (i) incorporate linguistic and cultural sensitivity into the
reading and math GRAD tests, and (ii) develop interventions to meet students' learning
needs; and
new text end
new text begin
(6) valid and reliable data and how to use data on student on-time graduation rates,
student dropout rates, documented disciplinary actions, and completed and rigorous
coursework indicators to determine how well-prepared low-income and minority students
are for postsecondary academic and career opportunities.
new text end
new text begin
The task force also must examine the findings of a 2008 report by Minnesota
superintendents on strategies for creating a world-class educational system to establish
priorities for improving students' academic achievement. The task force may consider
other related matters at its discretion.
new text end
new text begin
(b) The commissioner of education must convene the first meeting of the advisory
task force on improving students' academic achievement by July 1, 2008. The task force
members must select a chair from their membership at the first meeting and adopt internal
standards for subsequent meetings. The task force is composed of the following members:
new text end
new text begin
(1) a representative from a Twin Cities metropolitan area school district, a suburban
school district, a school district located in a regional center, and a rural school district, all
four representatives appointed by the state demographer based on identified concentrations
of low-income, minority, and low performing students;
new text end
new text begin
(2) a faculty member of a teacher preparation program at the University of
Minnesota's college of education and human development, appointed by the college dean
or the dean's designee;
new text end
new text begin
(3) a faculty member from the urban teachers program at Metropolitan State
University appointed by the university president or the president's designee;
new text end
new text begin
(4) a faculty member from a MnSCU teacher preparation program located outside
the Twin Cities metropolitan area, appointed by the university president or the president's
designee;
new text end
new text begin
(5) a classroom teacher appointed by Education Minnesota;
new text end
new text begin
(6) an expert in early childhood care and education appointed by a state early
childhood organization;
new text end
new text begin
(7) a member from each state council representing a community of color, appointed
by the respective council;
new text end
new text begin
(8) a curriculum specialist with expertise in providing language instruction for
nonnative English speakers, appointed by a state curriculum organization;
new text end
new text begin
(9) a special education teacher, appointed by a state organization of special education
educators;
new text end
new text begin
(10) a parent of color, appointed by a state parent-teacher organization;
new text end
new text begin
(11) a district testing director appointed by a recognized Minnesota assessment
group composed of assessment and evaluation directors and staff and researchers; and
new text end
new text begin
(12) a Minnesota Department of Education staff person with expertise in school
desegregation matters appointed by the commissioner of education or the commissioner's
designee.
new text end
new text begin
A majority of task force members, at their discretion, may invite other representatives
of interested public or nonpublic organizations, Minnesota's business community,
Minnesota private colleges, Minnesota's communities of color, and stakeholders in local
and state educational equity to become task force members.
new text end
new text begin
(c) Task force members' terms and other task force matters are subject to Minnesota
Statutes, section 15.059, except that the commissioner may reimburse task force members
for expenses from the Department of Education's current operating budget but may not
provide compensation to task force members for task force activities. By February 15,
2009, the task force must submit a written proposal, including draft legislation, to the
chairs and ranking minority members of the education policy and finance committees
and divisions of the legislature on how to significantly improve students' academic
achievement.
new text end
new text begin
(d) The advisory task force expires on February 16, 2009, or on the date the report
required under this section is submitted, whichever is later.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 29. new text begin APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
new text end
new text begin Subd. 2. new text end
new text begin Minnesota virtual education program. new text end
new text begin
To develop and administer the
Minnesota virtual education program under Minnesota Statutes, section 120B.17:
new text end
|
new text begin
$ new text end |
new text begin
200,000 new text end |
new text begin
..... new text end |
new text begin
2009 new text end |
new text begin Subd. 3. new text end
new text begin Mathematics and science teacher centers and institutes. new text end
new text begin
For
mathematics and science teacher centers and institutes:
new text end
|
new text begin
$ new text end |
new text begin
400,000 new text end |
new text begin
..... new text end |
new text begin
2009 new text end |
new text begin Subd. 4. new text end
new text begin Best practices. new text end
new text begin
(a) For best practices grants:
new text end
|
new text begin
$ new text end |
new text begin
910,000 new text end |
new text begin
..... new text end |
new text begin
2009 new text end |
new text begin
(b) $275,000 is for a grant to the Minnesota Humanities Commission under
Minnesota Statutes, section 138.911.
new text end
new text begin
(c) $200,000 is for a grant to the Minnesota Historical Society.
new text end
new text begin
(d) $160,000 is for a grant to A Chance to Grow/New Visions for the Minnesota
Learning Resource Center's comprehensive training program for education professionals
charged with helping children acquire basic reading and mathematic skills.
new text end
new text begin
(e) $275,000 is for the Principal's Leadership Institute under Minnesota Statutes,
section 122A.74.
new text end
new text begin
(f) This is a onetime appropriation.
new text end
ARTICLE 4
FACILITIES AND ACCOUNTING
Section 1.
Minnesota Statutes 2007 Supplement, section 123B.54, is amended to read:
123B.54 DEBT SERVICE APPROPRIATION.
(a) deleted text begin $14,813,000deleted text end new text begin $14,814,000new text end in fiscal year 2008, deleted text begin $11,124,000deleted text end new text begin $9,109,000new text end in fiscal
year 2009, deleted text begin $8,866,000deleted text end new text begin $7,286,000new text end in fiscal year 2010, and deleted text begin $6,631,000deleted text end new text begin $6,878,000new text end in
fiscal year 2011 and later are appropriated from the general fund to the commissioner of
education for payment of debt service equalization aid under section 123B.53.
(b) The appropriations in paragraph (a) must be reduced by the amount of any
money specifically appropriated for the same purpose in any year from any state fund.
Sec. 2.
Minnesota Statutes 2006, section 123B.62, is amended to read:
123B.62 BONDS FOR CERTAIN CAPITAL FACILITIES.
(a) In addition to other bonding authority, with approval of the commissioner, a
district may issue general obligation bonds for certain capital projects under this section.
The bonds must be used only to make capital improvements including:
(1) under section 126C.10, subdivision 14, total operating capital revenue uses
specified in clauses (4), (6), (7), (8), (9), and (10);
(2) the cost of energy modifications;
(3) improving disability accessibility to school buildings; deleted text begin and
deleted text end
(4) bringing school buildings into compliance with life and safety codes and fire
codesnew text begin ; andnew text end
new text begin (5) modifying buildings and equipment for securitynew text end .
(b) Before a district issues bonds under this subdivision, it must publish notice
of the intended projects, the amount of the bond issue, and the total amount of district
indebtedness.
(c) A bond issue tentatively authorized by the board under this subdivision becomes
finally authorized unless a petition signed by more than 15 percent of the registered voters
of the district is filed with the school board within 30 days of the board's adoption of a
resolution stating the board's intention to issue bonds. The percentage is to be determined
with reference to the number of registered voters in the district on the last day before the
petition is filed with the board. The petition must call for a referendum on the question of
whether to issue the bonds for the projects under this section. The approval of 50 percent
plus one of those voting on the question is required to pass a referendum authorized
by this section.
(d) The bonds must be paid off within deleted text begin tendeleted text end new text begin 15 new text end years of issuance. The bonds must be
issued in compliance with chapter 475, except as otherwise provided in this section. A tax
levy must be made for the payment of principal and interest on the bonds in accordance
with section 475.61. The sum of the tax levies under this section and section 123B.61 for
each year must not exceed the limit specified in section 123B.61. The levy for each year
must be reduced as provided in section 123B.61. A district using an excess amount in the
debt redemption fund to retire the bonds shall report the amount used for this purpose to
the commissioner by July 15 of the following fiscal year. A district having an outstanding
capital loan under section 126C.69 or an outstanding debt service loan under section
126C.68 must not use an excess amount in the debt redemption fund to retire the bonds.
(e) Notwithstanding paragraph (d), bonds issued by a district within the first
five years following voter approval of a combination according to section 123A.37,
subdivision 2, must be paid off within 20 years of issuance. All the other provisions and
limitation of paragraph (d) apply.
Sec. 3.
Minnesota Statutes 2006, section 126C.45, is amended to read:
126C.45 ICE ARENA LEVY.
(a) Each year, an independent school district operating and maintaining an ice arena,
may levy for the net operational costs of the ice arena. The levy may not exceed deleted text begin 90
percent ofdeleted text end the net actual costs of operation of the arena for the previous year. Net actual
costs are defined as operating costs less any operating revenues.
(b) Any district operating and maintaining an ice arena must demonstrate to the
satisfaction of the Office of Monitoring in the department that the district will offer equal
sports opportunities for male and female students to use its ice arena, particularly in areas
of access to prime practice time, team support, and providing junior varsity and younger
level teams for girls' ice sports and ice sports offerings.
Sec. 4. new text begin FUND TRANSFER.
new text end
new text begin Subdivision 1. new text end
new text begin Balaton. new text end
new text begin
Notwithstanding Minnesota Statutes, section 123B.79 or
123B.80, on June 30, 2008, Independent School District No. 411, Balaton, may transfer
up to $70,000 from its reserved for operating capital account to its undesignated general
fund balance without making a levy reduction.
new text end
new text begin Subd. 2. new text end
new text begin East Central School District. new text end
new text begin
Notwithstanding Minnesota Statutes,
section 123B.79 or 123B.80, on June 30, 2008, Independent School District No. 2580,
East Central, may transfer up to $300,000 from its reserved for operating capital account
to its undesignated general fund balance without making a levy reduction.
new text end
new text begin Subd. 3. new text end
new text begin Hills-Beaver Creek. new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section
123B.79 or 123B.80, on June 30, 2008, Independent School District No. 671, Hills-Beaver
Creek, may transfer up to $260,000 from its reserved for disabled accessibility account to
its undesignated general fund balance without making a levy reduction.
new text end
new text begin
(b) Notwithstanding Minnesota Statutes, section 123B.79 or 123B.80, on June
30, 2008, Independent School District No. 671, Hills-Beaver Creek, may transfer up to
$100,000 from its reserved for operating capital account to its undesignated general fund
balance without making a levy reduction.
new text end
new text begin Subd. 4. new text end
new text begin Rocori School District. new text end
new text begin
Notwithstanding Minnesota Statutes, section
123B.79 or 123B.80, on June 30, 2008, Independent School District No. 750, Rocori,
may transfer up to $82,000 from its reserved for disabled accessibility account to its
undesignated general fund balance without making a levy reduction.
new text end
new text begin Subd. 5. new text end
new text begin Virginia. new text end
new text begin
Notwithstanding Minnesota Statutes, sections 123B.79, 123B.80,
and 475.61, subdivision 4, on June 30, 2008, Independent School District No. 706,
Virginia, may transfer up to $100,000 from its debt redemption fund to its undesignated
general fund balance without making a levy reduction.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5. new text begin ALTERNATIVE FACILITIES REVENUE PROGRAM.
new text end
new text begin
Notwithstanding the square foot limitations in section 123B.59, subdivision 1,
paragraph (a), clause (2), Independent School District No. 623, Roseville, is eligible for
the alternative facilities bonding and levy program as if the district has met the square
foot requirements of that program.
new text end
ARTICLE 5
NUTRITION
Section 1.
Minnesota Statutes 2006, section 124D.118, subdivision 4, is amended to
read:
Subd. 4.
Reimbursement.
In accordance with program guidelines, the
commissioner shall reimburse each participating public or nonpublic school deleted text begin 14deleted text end new text begin 20 new text end cents
for each half-pint of milk that is served to kindergarten students and is not part of a school
lunch or breakfast reimbursed under section 124D.111 or 124D.1158.
Sec. 2.
Laws 2007, chapter 146, article 5, section 13, subdivision 3, is amended to read:
Subd. 3.
Traditional school breakfast; kindergarten milk.
For traditional school
breakfast aid and kindergarten milk under Minnesota Statutes, sections 124D.1158 and
124D.118:
| $ |
deleted text begin
5,460,000 deleted text end new text begin 5,583,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
5,695,000 deleted text end new text begin 6,396,000 new text end |
..... |
2009 |
ARTICLE 6
STATE AGENCIES
Section 1.
new text begin
[124D.805] COMMITTEE ON AMERICAN INDIAN EDUCATION
PROGRAMS.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner of education shall create an
American Indian education committee. The commissioner must appoint the members
of the committee. Members must include representatives of tribal bodies, community
groups, parents of children eligible to be served by the programs, American Indian
administrators and teachers, persons experienced in the training of teachers for American
Indian education programs, persons involved in programs for American Indian children
in American Indian schools, and persons knowledgeable in the field of American Indian
education. Appointed members shall be representative of significant segments of the
population of American Indians.
new text end
new text begin Subd. 2. new text end
new text begin Committee to advise commissioner. new text end
new text begin
The committee on American
Indian education programs shall advise the commissioner in the administration of the
commissioner's duties under sections 124D.71 to 124D.82 and other programs for the
education of American Indian people as determined by the commissioner.
new text end
new text begin Subd. 3. new text end
new text begin Expenses. new text end
new text begin
The committee members must not be reimbursed for expenses.
The commissioner must determine the membership terms and the duration of the
committee, which expire no later than June 30, 2020.
new text end
Sec. 2.
Laws 2007, chapter 146, article 7, section 4, is amended to read:
Sec. 4. APPROPRIATIONS; DEPARTMENT OF EDUCATION.
Subdivision 1.
Department of Education.
Unless otherwise indicated, the sums
indicated in this section are appropriated from the general fund to the Department of
Education for the fiscal years designated.
Subd. 2.
Department.
(a) For the Department of Education:
| $ |
22,169,000 |
..... |
2008 |
|
| $ |
deleted text begin
22,653,000 deleted text end new text begin 22,207,000 new text end |
..... |
2009 |
Any balance in the first year does not cancel but is available in the second year.
(b) $7,000 in fiscal year 2008 is for GRAD test rulemaking.
(c) $7,000 in fiscal year 2008 is for rulemaking under section 3.
(d) $40,000 each year is for an early hearing loss intervention coordinator under
Minnesota Statutes, section 125A.63, subdivision 5. If the department expends federal
funds to employ a hearing loss coordinator under Minnesota Statutes, section 125.63,
subdivision 5, then the appropriation under this paragraph is reallocated for purposes of
employing a world languages coordinator.
(e) $260,000 each year is for the Minnesota Children's Museum.
(f) $41,000 each year is for the Minnesota Academy of Science.
(g) $619,000 in fiscal year 2008 and $632,000 in fiscal year 2009 are for the Board
of Teaching.
(h) $163,000 in fiscal year 2008 and $171,000 in fiscal year 2009 are for the Board
of School Administrators.
(i) $50,000 each year is for the Duluth Children's Museum.
(j) The expenditures of federal grants and aids as shown in the biennial budget
document and its supplements are approved and appropriated and shall be spent as
indicated.
(k) None of the amounts appropriated under this subdivision may be used for
Minnesota's Washington, D.C., office.
new text begin
(l) $20,000 in fiscal year 2009 is for the outdoor education working group.
new text end
new text begin
(m) $112,000 in fiscal year 2009 is for the administration of the online learning
program.
new text end
new text begin
(n) $6,000 in fiscal year 2009 is for the Online Learning Advisory Council.
new text end
new text begin
(o) $50,000 in fiscal year 2009 is for the State Advisory Board on Early Learning.
new text end
new text begin
(p) $188,000 in fiscal year 2009 is for the administration of the school performance
report card.
new text end
new text begin
(q) $100,000 in fiscal year 2009 is for the academic achievement plan. The
department shall not expend any funds unless a match of an equal amount of nonstate
funds has been received.
new text end
new text begin
(r) The base for fiscal year 2010 and later is $21,914,000.
new text end
Sec. 3. new text begin OUTDOOR EDUCATION WORKING GROUP.
new text end
new text begin
(a) The commissioner of natural resources shall coordinate a working group with the
commissioner of education to report recommendations to the legislature on the teaching of
outdoor education in grades 7 through 12.
new text end
new text begin
(b) Each commissioner shall designate members of the working group and shall
include at least one parent, one representative of higher education, one outdoor educator,
and one representative from a sportsman or wildlife organization. The appointments and
designations must be completed by August 1, 2008.
new text end
new text begin
(c) The working group must report recommendations, proposed changes, sources
of funding, and draft legislation to the legislative committees with jurisdiction over
kindergarten through grade 12 education policy and finance, and environment policy and
environment finance by January 15, 2009. The working group expires June 30, 2009.
new text end
ARTICLE 7
LIFELONG LEARNING
Section 1.
Minnesota Statutes 2006, section 121A.19, is amended to read:
121A.19 DEVELOPMENTAL SCREENING AID.
Each school year, the state must pay a district for each child or student screened by
the district according to the requirements of section 121A.17. The amount of state aid
for each child or student screened shall be: (1) deleted text begin $50deleted text end new text begin $75new text end for a child screened at age three;
(2) deleted text begin $40deleted text end new text begin $50new text end for a child screened at age four; (3) deleted text begin $30deleted text end new text begin $40new text end for a child screened at age five
or six prior to kindergarten; and (4) $30 for a student screened within 30 days after first
enrolling in a public school kindergarten if the student has not previously been screened
according to the requirements of section 121A.17. If this amount of aid is insufficient,
the district may permanently transfer from the general fund an amount that, when added
to the aid, is sufficient. Developmental screening aid shall not be paid for any student
who is screened more than 30 days after the first day of attendance at a public school
kindergarten, except if a student transfers to another public school kindergarten within
30 days after first enrolling in a Minnesota public school kindergarten program. In this
case, if the student has not been screened, the district to which the student transfers may
receive developmental screening aid for screening that student when the screening is
performed within 30 days of the transfer date.
Sec. 2.
Minnesota Statutes 2007 Supplement, section 124D.531, subdivision 1, is
amended to read:
Subdivision 1.
State total adult basic education aid.
(a) The state total adult basic
education aid for fiscal year 2005 is $36,509,000. The state total adult basic education
aid for fiscal year 2006 equals $36,587,000 plus any amount that is not paid for during
the previous fiscal year, as a result of adjustments under subdivision 4, paragraph (a), or
section 124D.52, subdivision 3. The state total adult basic education aid for fiscal year
2007 equals $37,673,000 plus any amount that is not paid for during the previous fiscal
year, as a result of adjustments under subdivision 4, paragraph (a), or section 124D.52,
subdivision 3. The state total adult basic education aid for fiscal year 2008 equals
$40,650,000, plus any amount that is not paid during the previous fiscal year as a result of
adjustments under subdivision 4, paragraph (a), or section 124D.52, subdivision 3. The
state total adult basic education aid for later fiscal years equals:
(1) the state total adult basic education aid for the preceding fiscal year plus any
amount that is not paid for during the previous fiscal year, as a result of adjustments under
subdivision 4, paragraph (a), or section 124D.52, subdivision 3; times
(2) the lesser of:
(i) 1.03; or
(ii) deleted text begin the greater of 1.00 or the ratio of the state total contact hours in the first prior
program year to the state total contact hours in the second prior program yeardeleted text end new text begin the average
growth in state total contact hours over the prior 10 program yearsnew text end .
Beginning in fiscal year 2002, two percent of the state total adult basic education
aid must be set aside for adult basic education supplemental service grants under section
124D.522.
(b) The state total adult basic education aid, excluding basic population aid, equals
the difference between the amount computed in paragraph (a), and the state total basic
population aid under subdivision 2.
Sec. 3.
Laws 2007, chapter 146, article 5, section 11, subdivision 1, is amended to read:
Subdivision 1.
Fiscal year 2007 replacement aid.
Independent School District No.
2899, Plainview-Elgin-Millville, is eligible for replacement deleted text begin aiddeleted text end new text begin revenue new text end to offset its excess
fund balance penalty for fiscal year 2007. new text begin The aid adjustment must be made under Laws
2007, chapter 146, article 5, section 13, subdivision 5. The levy adjustment of $6,600
must be included as part of the district's property taxes for taxes payable in 2009.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Laws 2007, chapter 146, article 9, section 17, subdivision 4, is amended to read:
Subd. 4.
Health and developmental screening aid.
For health and developmental
screening aid under Minnesota Statutes, sections 121A.17 and 121A.19:
| $ |
deleted text begin
3,159,000 deleted text end new text begin 2,624,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
3,330,000 deleted text end new text begin 3,592,000 new text end |
..... |
2009 |
The 2008 appropriation includes $288,000 for 2007 and deleted text begin $2,871,000deleted text end new text begin $2,336,000new text end
for 2008.
The 2009 appropriation includes deleted text begin $319,000deleted text end new text begin $259,000new text end for 2008 and deleted text begin $3,011,000deleted text end new text begin
$3,333,000new text end for 2009.
Sec. 5. new text begin STATE ADVISORY BOARD ON EARLY LEARNING.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
A 12-member State Advisory Board on Early
Learning is established to make recommendations on the most efficient and effective way
to leverage state and federal funding streams for early childhood and child care programs.
The board must also consider the feasibility of coordinating or colocating early childhood
and child care programs in one state Office of Early Learning. The board shall also
review the Minnesota Early Learning Foundation recommendations and determine what
legislative changes, if any, need to be enacted and make recommendations by February
1 of each year to the governor and legislature, including proposed legislation on how to
most effectively create a high quality early childhood system in Minnesota in order to
improve the educational outcomes of children.
new text end
new text begin Subd. 2. new text end
new text begin Board members; terms. new text end
new text begin
(a) The advisory board includes the following
12 members:
new text end
new text begin
(1) the commissioner of employment and economic development or the
commissioner's designee;
new text end
new text begin
(2) the commissioner of health or the commissioner's designee;
new text end
new text begin
(3) the commissioner of education or the commissioner's designee;
new text end
new text begin
(4) the commissioner of human services or the commissioner's designee;
new text end
new text begin
(5) four public members who are recognized experts in early care and education,
including one member appointed by the speaker of the house, one appointed by the
minority leader of the house, one appointed by the majority leader of the senate, and one
appointed by the minority leader of the senate;
new text end
new text begin
(6) two public members who are community or business leaders, including one
appointed by the speaker of the house and one appointed by the majority leader of the
senate; and
new text end
new text begin
(7) two parents with at least one child under the age of six appointed by the governor.
new text end
new text begin
(b) Members appointed by the majority and minority leaders in the house and senate
serve three-year terms. Board members must nominate and elect a chair and other officers
from among the public members. Meetings shall be called by the chair or at the written
request of any three members. Members' terms, compensation, removal, and vacancies are
governed by section 15.0575, except that board members must not be paid a per diem or
reimbursed for any expenses associated with their membership on the board.
new text end
new text begin
(c) Appointing authorities must use their best efforts to ensure that the public
members of the board represent the communities of color.
new text end
new text begin Subd. 3. new text end
new text begin Board expiration. new text end
new text begin
The State Advisory Board on Early Learning expires
January 1, 2013.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 8
PREKINDERGARTEN THROUGH GRADE 12 EDUCATION
FORECAST ADJUSTMENTS
A. GENERAL EDUCATION
Section 1.
Laws 2007, chapter 146, article 1, section 24, subdivision 3, is amended to
read:
Subd. 3.
Referendum tax base replacement aid.
For referendum tax base
replacement aid under Minnesota Statutes, section 126C.17, subdivision 7a:
| $ |
deleted text begin
870,000
deleted text end
new text begin
861,000 new text end |
..... |
2008 |
The 2008 appropriation includes deleted text begin $870,000deleted text end new text begin $861,000new text end for 2007 and $0 for 2008.
Sec. 2.
Laws 2007, chapter 146, article 1, section 24, subdivision 4, is amended to read:
Subd. 4.
Enrollment options transportation.
For transportation of pupils attending
postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation
of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:
| $ |
deleted text begin
95,000
deleted text end
new text begin
48,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
97,000
deleted text end
new text begin
50,000 new text end |
..... |
2009 |
Sec. 3.
Laws 2007, chapter 146, article 1, section 24, subdivision 5, is amended to read:
Subd. 5.
Abatement revenue.
For abatement aid under Minnesota Statutes, section
127A.49:
| $ |
deleted text begin
1,343,000 deleted text end new text begin 1,333,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
1,347,000 deleted text end new text begin 1,629,000 new text end |
..... |
2009 |
The 2008 appropriation includes $76,000 for 2007 and deleted text begin $1,267,000deleted text end new text begin $1,257,000new text end
for 2008.
The 2009 appropriation includes deleted text begin $140,000deleted text end new text begin $139,000new text end for 2008 and deleted text begin $1,207,000deleted text end new text begin
$1,490,000new text end for 2009.
Sec. 4.
Laws 2007, chapter 146, article 1, section 24, subdivision 6, is amended to read:
Subd. 6.
Consolidation transition.
For districts consolidating under Minnesota
Statutes, section 123A.485:
| $ |
deleted text begin
565,000
deleted text end
new text begin
240,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
212,000
deleted text end
new text begin
339,000 new text end |
..... |
2009 |
The 2008 appropriation includes $43,000 for 2007 and deleted text begin $522,000deleted text end new text begin $197,000new text end for 2008.
The 2009 appropriation includes deleted text begin $57,000deleted text end new text begin $21,000new text end for 2008 and deleted text begin $155,000deleted text end new text begin $318,000new text end
for 2009.
Sec. 5.
Laws 2007, chapter 146, article 1, section 24, subdivision 7, is amended to read:
Subd. 7.
Nonpublic pupil education aid.
For nonpublic pupil education aid under
Minnesota Statutes, sections 123B.40 to 123B.43, and 123B.87:
| $ |
deleted text begin
16,290,000 deleted text end new text begin 15,601,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
16,620,000 deleted text end new text begin 16,608,000 new text end |
..... |
2009 |
The 2008 appropriation includes deleted text begin $1,606,000deleted text end new text begin $1,214,000new text end for 2007 and deleted text begin $14,684,000deleted text end new text begin
$14,387,000new text end for 2008.
The 2009 appropriation includes deleted text begin $1,631,000deleted text end new text begin $1,598,000new text end for 2008 and deleted text begin $14,989,000deleted text end new text begin
$15,010,000new text end for 2009.
Sec. 6.
Laws 2007, chapter 146, article 1, section 24, subdivision 8, is amended to read:
Subd. 8.
Nonpublic pupil transportation.
For nonpublic pupil transportation aid
under Minnesota Statutes, section 123B.92, subdivision 9:
| $ |
deleted text begin
21,551,000 deleted text end new text begin 20,755,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
21,392,000 deleted text end new text begin 21,007,000 new text end |
..... |
2009 |
The 2008 appropriation includes $2,124,000 for 2007 and deleted text begin $19,427,000deleted text end new text begin $18,631,000new text end
for 2008.
The 2009 appropriation includes deleted text begin $2,158,000deleted text end new text begin $2,070,000new text end for 2008 and deleted text begin $19,234,000deleted text end new text begin
$18,937,000new text end for 2009.
B. EDUCATION EXCELLENCE
Sec. 7.
Laws 2007, chapter 146, article 2, section 46, subdivision 2, is amended to read:
Subd. 2.
Charter school building lease aid.
For building lease aid under Minnesota
Statutes, section 124D.11, subdivision 4:
| $ |
deleted text begin
31,875,000 deleted text end new text begin 32,817,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
36,193,000 deleted text end new text begin 37,527,000 new text end |
..... |
2009 |
The 2008 appropriation includes $2,814,000 for 2007 and deleted text begin $29,061,000deleted text end new text begin $30,003,000new text end
for 2008.
The 2009 appropriation includes deleted text begin $3,229,000deleted text end new text begin $3,333,000new text end for 2008 and deleted text begin $32,964,000deleted text end new text begin
$34,194,000new text end for 2009.
Sec. 8.
Laws 2007, chapter 146, article 2, section 46, subdivision 3, is amended to read:
Subd. 3.
Charter school startup cost aid.
For charter school startup cost aid
under Minnesota Statutes, section 124D.11:
| $ |
deleted text begin
1,896,000 deleted text end new text begin 1,801,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
2,161,000 deleted text end new text begin 1,987,000 new text end |
..... |
2009 |
The 2008 appropriation includes deleted text begin $241,000deleted text end new text begin $239,000 new text end for 2007 and deleted text begin $1,655,000deleted text end new text begin
$1,562,000new text end for 2008.
The 2009 appropriation includes deleted text begin $183,000deleted text end new text begin $173,000new text end for 2008 and deleted text begin $1,978,000deleted text end new text begin
$1,814,000new text end for 2009.
Sec. 9.
Laws 2007, chapter 146, article 2, section 46, subdivision 4, is amended to read:
Subd. 4.
Integration aid.
For integration aid under Minnesota Statutes, section
124D.86, subdivision 5:
| $ |
deleted text begin
61,769,000 deleted text end new text begin 59,036,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
61,000,000 deleted text end new text begin 62,448,000 new text end |
..... |
2009 |
The 2008 appropriation includes $5,824,000 for 2007 and deleted text begin $55,945,000deleted text end new text begin $53,212,000new text end
for 2008.
The 2009 appropriation includes deleted text begin $6,216,000deleted text end new text begin $5,912,000new text end for 2008 and deleted text begin $54,784,000deleted text end new text begin
$56,536,000new text end for 2009.
Sec. 10.
Laws 2007, chapter 146, article 2, section 46, subdivision 6, is amended to
read:
Subd. 6.
Interdistrict desegregation or integration transportation grants.
For
interdistrict desegregation or integration transportation grants under Minnesota Statutes,
section 124D.87:
| $ |
deleted text begin
9,639,000 deleted text end new text begin 9,901,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
11,567,000 deleted text end new text begin 11,881,000 new text end |
..... |
2009 |
Sec. 11.
Laws 2007, chapter 146, article 2, section 46, subdivision 9, is amended to
read:
Subd. 9.
Tribal contract schools.
For tribal contract school aid under Minnesota
Statutes, section 124D.83:
| $ |
deleted text begin
2,238,000 deleted text end new text begin 2,207,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
2,422,000 deleted text end new text begin 2,392,000 new text end |
..... |
2009 |
The 2008 appropriation includes $204,000 for 2007 and deleted text begin $2,034,000deleted text end new text begin $2,003,000new text end
for 2008.
The 2009 appropriation includes deleted text begin $226,000deleted text end new text begin $222,000new text end for 2008 and deleted text begin $2,196,000deleted text end new text begin
$2,170,000new text end for 2009.
C. SPECIAL PROGRAMS
Sec. 12.
Laws 2007, chapter 146, article 3, section 24, subdivision 3, is amended to
read:
Subd. 3.
Aid for children with disabilities.
For aid under Minnesota Statutes,
section 125A.75, subdivision 3, for children with disabilities placed in residential facilities
within the district boundaries for whom no district of residence can be determined:
| $ |
deleted text begin
1,538,000 deleted text end new text begin 2,086,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
1,729,000 deleted text end new text begin 2,282,000 new text end |
..... |
2009 |
If the appropriation for either year is insufficient, the appropriation for the other
year is available.
Sec. 13.
Laws 2007, chapter 146, article 3, section 24, subdivision 4, is amended to
read:
Subd. 4.
Travel for home-based services.
For aid for teacher travel for home-based
services under Minnesota Statutes, section 125A.75, subdivision 1:
| $ |
deleted text begin
254,000
deleted text end
new text begin
207,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
284,000
deleted text end
new text begin
227,000 new text end |
..... |
2009 |
The 2008 appropriation includes $22,000 for 2007 and deleted text begin $232,000deleted text end new text begin $185,000new text end for 2008.
The 2009 appropriation includes deleted text begin $25,000deleted text end new text begin $20,000new text end for 2008 and deleted text begin $259,000deleted text end new text begin $207,000new text end
for 2009.
D. FACILITIES AND TECHNOLOGY
Sec. 14.
Laws 2007, chapter 146, article 4, section 16, subdivision 2, is amended to
read:
Subd. 2.
Health and safety revenue.
For health and safety aid according to
Minnesota Statutes, section 123B.57, subdivision 5:
| $ |
deleted text begin
190,000
deleted text end
new text begin
254,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
179,000
deleted text end
new text begin
103,000 new text end |
..... |
2009 |
The 2008 appropriation includes $20,000 for 2007 and deleted text begin $170,000deleted text end new text begin $234,000new text end for 2008.
The 2009 appropriation includes deleted text begin $18,000deleted text end new text begin $26,000new text end for 2008 and deleted text begin $161,000deleted text end new text begin $77,000new text end
for 2009.
Sec. 15.
Laws 2007, chapter 146, article 4, section 16, subdivision 3, is amended to
read:
Subd. 3.
Debt service equalization.
For debt service aid according to Minnesota
Statutes, section 123B.53, subdivision 6:
| $ |
deleted text begin
14,813,000 deleted text end new text begin 14,814,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
11,124,000 deleted text end new text begin 9,109,000 new text end |
..... |
2009 |
The 2008 appropriation includes deleted text begin $1,767,000deleted text end new text begin $1,766,000new text end for 2007 and deleted text begin $13,046,000deleted text end new text begin
$13,048,000new text end for 2008.
The 2009 appropriation includes deleted text begin $1,450,000deleted text end new text begin $1,449,000new text end for 2008 and deleted text begin $9,674,000deleted text end new text begin
$7,660,000new text end for 2009.
Sec. 16.
Laws 2007, chapter 146, article 4, section 16, subdivision 6, is amended to
read:
Subd. 6.
Deferred maintenance aid.
For deferred maintenance aid, according to
Minnesota Statutes, section 123B.591, subdivision 4:
| $ |
deleted text begin
3,290,000 deleted text end new text begin 3,232,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
2,667,000 deleted text end new text begin 2,627,000 new text end |
..... |
2009 |
The 2008 appropriation includes $0 for 2007 and deleted text begin $3,290,000deleted text end new text begin $3,232,000new text end for 2008.
The 2009 appropriation includes deleted text begin $365,000deleted text end new text begin $359,000new text end for 2008 and deleted text begin $2,302,000deleted text end new text begin
$2,268,000new text end for 2009.
Sec. 17.
Laws 2007, chapter 146, article 4, section 16, subdivision 8, is amended to
read:
Subd. 8.
School technology and operating capital aid grants.
For school
technology and operating capital grants under section 11:
| $ |
deleted text begin
38,145,000 deleted text end new text begin 38,236,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
52,676,000 deleted text end new text begin 52,454,000 new text end |
..... |
2009 |
This is a onetime appropriation.
E. NUTRITION
Sec. 18.
Laws 2007, chapter 146, article 5, section 13, subdivision 2, is amended to
read:
Subd. 2.
School lunch.
For school lunch aid according to Minnesota Statutes,
section 124D.111, and Code of Federal Regulations, title 7, section 210.17:
| $ |
deleted text begin
12,022,000 deleted text end new text begin 12,094,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
12,166,000 deleted text end new text begin 12,394,000 new text end |
..... |
2009 |
Sec. 19.
Laws 2007, chapter 146, article 5, section 13, subdivision 4, is amended to
read:
Subd. 4.
Summer food service replacement aid.
For summer food service
replacement aid under Minnesota Statutes, section 124D.119:
| $ |
deleted text begin
150,000
deleted text end
new text begin
127,000 new text end |
..... |
2008 |
|
| $ |
150,000 |
..... |
2009 |
F. EARLY CHILDHOOD AND ADULT PROGRAMS
Sec. 20.
Laws 2007, chapter 146, article 9, section 17, subdivision 2, is amended to
read:
Subd. 2.
Early childhood family education aid.
For early childhood family
education aid under Minnesota Statutes, section 124D.135:
| $ |
deleted text begin
21,106,000 deleted text end new text begin 21,092,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
29,601,000 deleted text end new text begin 29,324,000 new text end |
..... |
2009 |
The 2008 appropriation includes $1,796,000 for 2007 and deleted text begin $19,310,000deleted text end new text begin $19,296,000new text end
for 2008.
The 2009 appropriation includes deleted text begin $2,145,000deleted text end new text begin $2,144,000new text end for 2008 and deleted text begin $27,456,000deleted text end new text begin
$27,180,000new text end for 2009.
Sec. 21.
Laws 2007, chapter 146, article 9, section 17, subdivision 3, is amended to
read:
Subd. 3.
School readiness.
For revenue for school readiness programs under
Minnesota Statutes, sections 124D.15 and 124D.16:
| $ |
deleted text begin
9,995,000 deleted text end new text begin 9,987,000 new text end |
..... |
2008 |
|
| $ |
10,095,000 |
..... |
2009 |
The 2008 appropriation includes deleted text begin $909,000deleted text end new text begin $901,000new text end for 2007 and $9,086,000 for
2008.
The 2009 appropriation includes $1,009,000 for 2008 and $9,086,000 for 2009.
Sec. 22.
Laws 2007, chapter 146, article 9, section 17, subdivision 8, is amended to
read:
Subd. 8.
Community education aid.
For community education aid under
Minnesota Statutes, section 124D.20:
| $ |
deleted text begin
1,307,000 deleted text end new text begin 1,299,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
816,000
deleted text end
new text begin
796,000 new text end |
..... |
2009 |
The 2008 appropriation includes $195,000 for 2007 and deleted text begin $1,112,000deleted text end new text begin $1,104,000new text end
for 2008.
The 2009 appropriation includes deleted text begin $123,000deleted text end new text begin $122,000new text end for 2008 and deleted text begin $693,000deleted text end new text begin
$674,000new text end for 2009.
Sec. 23.
Laws 2007, chapter 146, article 9, section 17, subdivision 9, is amended to
read:
Subd. 9.
Adults with disabilities program aid.
For adults with disabilities
programs under Minnesota Statutes, section 124D.56:
| $ |
deleted text begin
710,000
deleted text end
new text begin
709,000 new text end |
..... |
2008 |
|
| $ |
710,000 |
..... |
2009 |
The 2008 appropriation includes deleted text begin $71,000deleted text end new text begin $70,000new text end for 2007 and $639,000 for 2008.
The 2009 appropriation includes $71,000 for 2008 and $639,000 for 2009.
School districts operating existing adults with disabilities programs that are not fully
funded shall receive full funding for the program beginning in fiscal year 2008 before the
commissioner awards grants to other districts.
Sec. 24.
Laws 2007, chapter 146, article 9, section 17, subdivision 13, is amended to
read:
Subd. 13.
Adult basic education aid.
For adult basic education aid under
Minnesota Statutes, section 124D.531:
| $ |
deleted text begin
40,347,000 deleted text end new text begin 40,344,000 new text end |
..... |
2008 |
|
| $ |
deleted text begin
41,745,000 deleted text end new text begin 41,712,000 new text end |
..... |
2009 |
The 2008 appropriation includes $3,759,000 for 2007 and deleted text begin $36,588,000deleted text end new text begin $36,585,000new text end
for 2008.
The 2009 appropriation includes $4,065,000 for 2008 and deleted text begin $37,680,000deleted text end new text begin $37,647,000new text end
for 2009.
ARTICLE 9
HIGHER EDUCATION
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end
|
new text begin
2008 new text end |
new text begin
2009 new text end |
new text begin
Total new text end |
||||
|
new text begin
Minnesota Office of Higher Education new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(7,701,000) new text end |
new text begin
$ new text end |
new text begin
(7,701,000) new text end |
|
new text begin
Board of Trustees of the Minnesota State Colleges and Universities new text end |
new text begin
-0- new text end |
new text begin
(5,100,000) new text end |
new text begin
(5,100,000) new text end |
|||
|
new text begin
Board of Regents of the University of Minnesota new text end |
new text begin
(5,000,000) new text end |
new text begin
(5,000,000) new text end |
new text begin
(10,000,000) new text end |
|||
|
new text begin
Total new text end |
new text begin
$ new text end |
new text begin
(5,000,000) new text end |
new text begin
$ new text end |
new text begin
(17,801,000) new text end |
new text begin
$ new text end |
new text begin
(22,801,000) new text end |
Sec. 2. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2007, chapter 144, article 1, to
the agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2008" and "2009" used in this article mean that the addition to
or subtraction from the appropriations listed under them are available for the fiscal year
ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
reductions to appropriations for the fiscal year ending June 30, 2008, are effective the day
following final enactment. "The first year" is fiscal year 2008. "The second year" is fiscal
year 2009. "The biennium" is fiscal years 2008 and 2009.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|||||
Sec. 3. new text begin MINNESOTA OFFICE OF HIGHER
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(7,611,000) new text end |
||
new text begin
The amounts that must be reduced for
each purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Interstate Tuition Reciprocity
|
new text begin
-0- new text end |
new text begin
(250,000) new text end |
||||
new text begin Subd. 3. new text end
new text begin
Minnesota College Savings Plan
|
new text begin
-0- new text end |
new text begin
(250,000) new text end |
||||
new text begin Subd. 4. new text end
new text begin
Achieve Scholarship Program
|
new text begin
-0- new text end |
new text begin
(7,000,000) new text end |
||||
new text begin Subd. 5. new text end
new text begin
Agency Administration
|
new text begin
-0- new text end |
new text begin
(111,000) new text end |
||||
new text begin Subd. 6. new text end
new text begin
Cancellation
|
||||||
new text begin
By June 30, 2009, the commissioner of
finance shall cancel to the general fund
$90,000 of the appropriation in Laws 2005,
chapter 107, article 1, section 2, subdivision
12, to upgrade computer program application
software related to state grant awards.
new text end
new text begin Subd. 7. new text end
new text begin
Transfers In
|
||||||
new text begin
The commissioner of finance must transfer
$18,000 to the general fund from the
technology carryforward account in the
special revenue fund by June 30, 2008.
new text end
new text begin
The commissioner of finance must transfer
$100,000 to the general fund from the private
institutions regulation account in the special
revenue fund by June 30, 2009.
new text end
Sec. 4. new text begin BOARD OF TRUSTEES OF THE
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total
new text end
new text begin
Appropriation
|
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(5,100,000) new text end |
|||
new text begin
The amounts that must be reduced or
added for each purpose are specified in the
following subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
General Reduction
|
new text begin
-0- new text end |
new text begin
(6,600,000) new text end |
||||
new text begin
The Board of Trustees must allocate
reductions under this section to the general
fund appropriations in Laws 2007, chapter
144, article 1, section 4, subdivision 1.
The Board of Trustees must achieve the
appropriation reductions in this section from
activities in the Office of the Chancellor that
do not have a direct effect on instructional
services to students and that do not result
in reductions to the amounts distributed to
individual campuses. The Board of Trustees
is encouraged to review the implementation
schedule for technology and infrastructure
initiatives to identify activities that can be
delayed without affecting direct instructional
services to students. The Board of Trustees
is encouraged to avoid allocating reductions
that would require increased tuition revenue
to maintain instructional services to students.
The Board of Trustees by November 1, 2008,
must report to the Department of Finance
and the senate and house of representatives
committees with primary jurisdiction over
higher education finance the specific amount
of reductions and the activities that receive
reductions. The intent of the legislature
in limiting the amount of appropriations
reductions to the Minnesota state colleges
and universities system is to support the
decision by the Board of Trustees to devote
sufficient resources in fiscal year 2009 to
limit tuition increases to two percent at
technical colleges, community colleges,
and consolidated community and technical
colleges; and three percent at universities.
The legislature is committed to advancing
the funding policy set forth in Minnesota
Statutes, section 135A.01, by minimizing
reductions to higher education systems in
the state.
new text end
new text begin Subd. 3. new text end
new text begin
Nonresident Tuition
|
new text begin
-0- new text end |
new text begin
500,000 new text end |
||||
new text begin
This appropriation is to provide funding for
the elimination of nonresident undergraduate
tuition at Alexandria Technical College,
Anoka Technical College, Hennepin
Technical College, and North Hennepin
Community College. The board must
allocate the funds to the named campuses
based on fiscal year 2007 tuition rates and
projected nonresident enrollment.
new text end
new text begin Subd. 4. new text end
new text begin
Reciprocity Tuition
|
new text begin
-0- new text end |
new text begin
1,000,000 new text end |
||||
new text begin
The Board of Trustees must allocate this
appropriation to any community college
or consolidated community and technical
college that experienced a reduction in
reciprocity tuition revenue directly resulting
from the elimination of nonresident tuition
on or after May 30, 2007. The board must
allocate the funds based on the fiscal year
2008 Wisconsin reciprocity tuition rate
and fiscal year 2007 reciprocity student
enrollment.
new text end
Sec. 5. new text begin BOARD OF REGENTS OF THE
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
(5,000,000) new text end |
new text begin
$ new text end |
new text begin
(5,000,000) new text end |
|||
new text begin
The amounts that must be reduced or
added for each purpose are specified in the
following subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
General Reduction
|
new text begin
(5,000,000) new text end |
new text begin
(5,500,000) new text end |
||||
new text begin
The Board of Regents must allocate
reductions under this section to the general
fund appropriations in Laws 2007, chapter
144, article 1, section 5, subdivision 1. The
Board of Regents by November 1, 2008,
must report to the Department of Finance
and the senate and house of representatives
committees with primary jurisdiction over
higher education finance the specific amount
of reductions and the activities that receive
reductions.
new text end
new text begin
The Board of Regents is encouraged to
avoid allocating reductions to programs and
activities that would require increased tuition
revenue to maintain instructional services to
students.
new text end
new text begin Subd. 3. new text end
new text begin
Global Modeling of Health Care
|
new text begin
-0- new text end |
new text begin
200,000 new text end |
||||
new text begin
For the health policy and management
division of the School of Public Health for
the purposes of section 18. This is a onetime
appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
Economic Analysis of Health Care
|
new text begin
-0- new text end |
new text begin
300,000 new text end |
||||
new text begin
For the health policy and management
division of the School of Public Health for
the purposes of section 19. This is a onetime
appropriation.
new text end
Sec. 6.
Minnesota Statutes 2007 Supplement, section 136A.101, subdivision 5a,
is amended to read:
Subd. 5a.
Assigned family responsibility.
"Assigned family responsibility" means
the amount of a family's contribution to a student's cost of attendance, as determined by a
federal need analysis. For dependent students, the assigned family responsibility is deleted text begin 96deleted text end new text begin 93new text end
percent of the parental contribution. For independent students with dependents other than
a spouse, the assigned family responsibility is deleted text begin 86deleted text end new text begin 83new text end percent of the student contribution.
For independent students without dependents other than a spouse, the assigned family
responsibility is deleted text begin 68deleted text end new text begin 65new text end percent of the student contribution.
Sec. 7.
Minnesota Statutes 2006, section 136A.101, subdivision 8, is amended to read:
Subd. 8.
Resident student.
"Resident student" means a student who meets one of
the following conditions:
(1) a student who has resided in Minnesota for purposes other than postsecondary
education for at least 12 months without being enrolled at a postsecondary educational
institution for more than five credits in any term;
(2) a dependent student whose parent or legal guardian resides in Minnesota at the
time the student applies;
(3) a student who graduated from a Minnesota high school, if the student was a
resident of Minnesota during the student's period of attendance at the Minnesota high
school and the student is physically attending a Minnesota postsecondary educational
institution;
(4) a student who, after residing in the state for a minimum of one year, earned a
high school equivalency certificate in Minnesota;
(5) a member, spouse, or dependent of a member of the armed forces of the United
States stationed in Minnesota on active federal military service as defined in section
190.05, subdivision 5c;
(6)new text begin a spouse or dependent of a veteran, as defined in section 197.447, if the veteran
is a Minnesota resident;
new text end
new text begin (7) new text end a person or spouse of a person who relocated to Minnesota from an area that
is declared a presidential disaster area within the preceding 12 months if the disaster
interrupted the person's postsecondary education; or
deleted text begin (7)deleted text end new text begin (8)new text end a person defined as a refugee under United States Code, title 8, section
1101(a)(42), who, upon arrival in the United States, moved to Minnesota and has
continued to reside in Minnesota.
Sec. 8.
Minnesota Statutes 2006, section 136A.121, subdivision 5, is amended to read:
Subd. 5.
Grant stipends.
The grant stipend shall be based on a sharing of
responsibility for covering the recognized cost of attendance by the applicant, the
applicant's family, and the government. The amount of a financial stipend must not
exceed a grant applicant's recognized cost of attendance, as defined in subdivision 6, after
deducting the following:
(1) the assigned student responsibility of at least deleted text begin 46deleted text end new text begin 45 new text end percent of the cost of
attending the institution of the applicant's choosing;
(2) the assigned family responsibility as defined in section 136A.101; and
(3) the amount of a federal Pell grant award for which the grant applicant is eligible.
The minimum financial stipend is $100 per academic year.
Sec. 9.
Minnesota Statutes 2007 Supplement, section 136A.121, subdivision 7a,
is amended to read:
Subd. 7a.
Surplus appropriation.
If the amount appropriated is determined by the
office to be more than sufficient to fund projected grant demand in the second year of the
biennium, the office may increase the living and miscellaneous expense allowance in the
second year of the biennium by up to an amount that retains sufficient appropriations
to fund the projected grant demand. The adjustment may be made one or more times.
In making the determination that there are more than sufficient funds, the office shall
balance the need for sufficient resources to meet the projected demand for grants with the
goal of fully allocating the appropriation for state grants. An increase in the living and
miscellaneous expense allowance under this subdivision does not carry forward into a
subsequent biennium. deleted text begin This subdivision expires June 30, 2009.
deleted text end
Sec. 10.
Minnesota Statutes 2007 Supplement, section 136A.128, is amended by
adding a subdivision to read:
new text begin Subd. 4. new text end
new text begin Administration. new text end
new text begin
A nonprofit organization that receives a grant under this
section may use five percent of the grant amount to administer the program.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment for
grants under Minnesota Statutes, section 136A.128, beginning in fiscal year 2008.
new text end
Sec. 11.
Minnesota Statutes 2006, section 136F.60, subdivision 5, is amended to read:
Subd. 5.
Disposition of surplus property.
(a) The board may declare state lands new text begin or
improvements new text end under its control that are no longer needed by the Minnesota State Colleges
and Universities system to be surplus and may offer them for public sale in a manner
consistent with the procedures set forth in sections 16B.282 to 16B.286 for disposition of
state lands by the commissioner of administration. The parcels must not be exchanged or
transferred for no or nominal consideration.
(b) Proceeds from the sale or disposition of land new text begin or improvements new text end under this
subdivision, after paying all expenses incurred in selling or disposing of the land and
then paying any amounts due under section 16A.695, are appropriated to the board for
use for capital projects at the institution that was responsible for management of the
landnew text begin or improvementsnew text end .
Sec. 12.
Minnesota Statutes 2006, section 136F.98, subdivision 1, is amended to read:
Subdivision 1.
Issuance of bonds.
The Board of Trustees of the Minnesota State
Colleges and Universities or a successor may issue revenue bonds under sections 136F.90
to 136F.97 whose aggregate principal amount at any time may not exceed deleted text begin $150,000,000deleted text end new text begin
$200,000,000new text end , and payable from the revenue appropriated to the fund established by
section 136F.94, and use the proceeds together with other public or private money that
may otherwise become available to acquire land, and to acquire, construct, complete,
remodel, and equip structures or portions thereof to be used for dormitory, residence hall,
student union, food service, parking purposes, or for any other similar revenue-producing
building or buildings of such type and character as the board finds desirable for the good
and benefit of the state universities. Before issuing the bonds or any part of them, the
board shall consult with and obtain the advisory recommendations of the chairs of the
house Ways and Means Committee and the senate Finance Committee about the facilities
to be financed by the bonds.
Sec. 13.
Minnesota Statutes 2006, section 299A.45, subdivision 1, is amended to read:
Subdivision 1.
Eligibility.
deleted text begin
Following certification
deleted text end
new text begin
A person is eligible to receive
educational benefits under this section if the person:
new text end
new text begin (1) is certifiednew text end under section 299A.44 and new text begin in new text end compliance with this section and rules
of the commissioner of public safety and the Minnesota Office of Higher Educationdeleted text begin ,deleted text end new text begin ;
new text end
new text begin
(2) is enrolled in an undergraduate degree or certificate program after June 30, 1990,
at an eligible Minnesota institution as provided in section 136A.101, subdivision 4;
new text end
new text begin
(3) has not receive a baccalaureate degree or been enrolled full time for ten semesters
or the equivalent, except that a student who withdraws from enrollment for active military
service is entitled to an additional semester or the equivalent of eligibility; and
new text end
new text begin
(4) is related in one of the following ways to a public safety officer killed in the
line of duty on or after January 1, 1973:
new text end
new text begin (i) as anew text end dependent deleted text begin childrendeleted text end new text begin childnew text end less than 23 years of age deleted text begin and thedeleted text end new text begin ;
new text end
new text begin (ii) as anew text end surviving spouse deleted text begin of a public safety officer killed in the line of duty on
or after January 1, 1973, are eligible to receive educational benefits under this section.
To qualify for an award, they must be enrolled in undergraduate degree or certificate
programs after June 30, 1990, at an eligible Minnesota institution as provided in section
136A.101, subdivision 4. A student who withdraws from enrollment for active military
service is entitled to an additional semester or the equivalent of grant eligibility. Persons
who have received a baccalaureate degree or have been enrolled full time or the equivalent
of ten semesters or the equivalent, whichever occurs first, are no longer eligible.deleted text end new text begin ; or
new text end
new text begin
(iii) as a dependent child less than 30 years of age who has served on active military
duty 181 consecutive days or more and has been honorably discharged or released to the
dependent child's reserve or National Guard unit.
new text end
Sec. 14.
Laws 2007, chapter 144, article 1, section 3, subdivision 2, is amended to read:
Subd. 2.State Grants
|
147,400,000 |
144,138,000 |
||||
If the appropriation in this subdivision for
either year is insufficient, the appropriation
for the other year is available for it.
For the biennium, the tuition maximum for
students in four-year programs is $9,838
in deleted text begin each yeardeleted text end new text begin the first year and $10,133 in
the second year new text end for students in four-year
programs, and for students in two-year
programs, is $6,114 in the first year and
$5,808 in the second year.
This appropriation sets the living and
miscellaneous expense allowance at $5,900
each year.
Sec. 15.
Laws 2007, chapter 144, article 1, section 3, subdivision 13, is amended to
read:
Subd. 13.Achieve Scholarship Program
|
3,400,000 |
7,400,000 |
||||
(a) Of this amount, $200,000 in fiscal
year 2008 and $200,000 in fiscal year
2009 are for transfer to the University of
Minnesota and $200,000 in fiscal year 2008
and $200,000 in fiscal year 2009 are for
transfer to the Minnesota State Colleges
and Universities to provide courses under
Minnesota Statutes, section 124D.09,
subdivision 10, to high school students living
in remote and underserved areas where
the school district lacks the resources to
provide academically rigorous educational
opportunities, such as Advanced Placement
and International Baccalaureate programs.
Courses may be delivered by a high school
or postsecondary faculty member, online, or
through distance education. Students who
successfully complete a course must receive
college credit at no cost to the student. The
office must report to the committees of the
legislature with responsibility for higher
education finance by January 15, 2009, on the
program outcomes with recommendations on
continuing and expanding the program.
(b) deleted text begin For Achieve scholarships under
Minnesota Statutes, section 136A.127.deleted text end
This appropriation includes $3,000,000 that
may be used in the 2008-2009 biennium
to support access to rigorous high school
courses and college attendance programs.
This includes, but is not limited to, College
in the Schools and Postsecondary Enrollment
Options, grants under the Intervention for
College Access Program, additional funding
for the Get Ready Program or local recipients
of federal TRIO program money, local
college access programs, and to increase
support for school districts to improve high
school counseling.
Up to $350,000 in the 2008-2009 biennium
may be used for administration of the
program. deleted text begin Up to $200,000 in the 2010-2011
biennium may be used for administration of
the program.deleted text end
deleted text begin The base funding for this program is
$10,000,000 in fiscal year 2010 and
$10,000,000 in fiscal year 2011.deleted text end
Sec. 16.
Laws 2007, chapter 144, article 1, section 3, subdivision 18, is amended to
read:
Subd. 18.Transfers
|
||||||
The Minnesota Office of Higher Education
may transfer unencumbered balances from
the appropriations in this section to the
state grant appropriation, the interstate
tuition reciprocity appropriation, the
child care grant appropriation,new text begin the Indian
scholarship appropriation,new text end the state work
study appropriation, the public safety officers'
survivors appropriation, and the Minnesota
college savings plan appropriation. Transfers
from the child care or state work study
appropriations may only be made to the
extent there is a projected surplus in the
appropriation. A transfer may be made
only with the prior written approval of the
commissioner of finance and prior written
notice to the chairs of the senate and house
committees with jurisdiction over higher
education finance.
Sec. 17.
Laws 2007, chapter 144, article 1, section 5, subdivision 2, is amended to read:
Subd. 2.Operations and Maintenance
|
621,184,000 |
637,824,000 |
||||
This appropriation includes funding for
operation and maintenance of the system
including amounts to advance the University
of Minnesota's efforts to sustain quality
and competitiveness; and funding for the
"Advancing Education" initiatives including
an Ojibwe Indian language program on the
Duluth campus.
This appropriation includes funding to
establish banded tuition at the Morris,
Crookston, and Duluth campuses to reduce
tuition costs for students.
This appropriation includes funding for
scholarships for undergraduate Minnesota
resident students with family income under
$150,000 per year. This appropriation must
be matched with $1.50 of nonstate money for
each $1 of state money.
This appropriation includes funding for the
Center for Transportation Studies to complete
a study to assess public policy options for
reducing the volume of greenhouse gases
emitted from the transportation sector in
Minnesota. The Center for Transportation
Studies must report its preliminary findings
to the legislature by February 1, 2008, and
must issue its full report by June 1, 2008.
This is a onetime appropriation.
This appropriation includes funding to
establish an India Center to improve and
promote relations with India and Southeast
Asia. The center must partner with public
and private organizations in Minnesota to:
(1) foster an understanding of the history,
culture, and values of India;
(2) serve as a resource and catalyst to
promote economic, governmental, and
academic pursuits involving India; and
(3) facilitate educational and business
exchanges and partnerships, collaborative
research, and teaching and training activities
for Minnesota students and teachers.
The Board of Regents may establish an
advisory council to facilitate the mission
and objectives of the India Center and must
report on the progress of the India Center
by February 15, 2008, to the governor
and chairs of the legislative committees
responsible for higher education finance.
This appropriation must be matched by an
equal amount of nonstate money. This is a
onetime appropriation.
This appropriation includes funding to assist
in the formation of the neighborhood alliance
and for projects identified in section 10. The
alliance, the Board of Regents, and the city of
Minneapolis may cooperate on the projects
and may use public services of other entities
to complete all or a portion of a project. This
is a onetime appropriation.
This appropriation includes funding to
establish a Dakota language teacher training
immersion program on the Twin Cities
campus to prepare teachers to teach in
Dakota language immersion programs.
deleted text begin Onedeleted text end new text begin Two new text end percent of the appropriation in
this subdivision new text begin for the second year new text end is
available when the Board of Regents of the
University of Minnesota demonstrates to
the commissioner of finance that the board
has met at least three of the five following
performance goals:
(1) increase financial support to pay the cost
of attendance for students demonstrating
financial need;
(2) maintain or improve the University of
Minnesota's rank in its national share of
total research and development expenditures
reported to the National Science Foundation
over the 2007 ranking;
(3) increase by at least five percent, compared
to fiscal year 2007, the number of degrees
awarded in science, technology, engineering,
mathematics, and health sciences disciplines;
(4) increase by at least five percent, compared
to fiscal year 2007, the amount of financial
support from key funding sources for
renewable energy research; and
(5) increase and improve interaction and
research activity beneficial to business and
industry.
By October 1, 2007, the Board of Regents
and the Office of Higher Education must
agree on specific numerical indicators and
definitions for each of the five goals that will
be used to demonstrate the University of
Minnesota's attainment of each goal.
On or before April 1, 2008, the Board
of Regents must report to the legislative
committees with primary jurisdiction over
higher education finance and policy the
progress of the University of Minnesota
toward attaining the goals.
Sec. 18. new text begin GLOBAL MODELING OF HEALTH CARE REFORMS.
new text end
new text begin
The University of Minnesota School of Public Health, health policy and management
division, must develop a model by November 30, 2008, that will assess the impact of
proposed health care reforms or major health care-related legislation on all sectors of
the health care system, including access to the full range of health care, public health,
public and private health insurance coverage, long-term and continuing care, programs
for persons with disabilities, social services, and other sectors related to Minnesotans'
health. The model must be:
new text end
new text begin
(1) developed with safeguards to make sure that the model and its assumptions and
formulas are based on valid and objective data, research, and expert opinions;
new text end
new text begin
(2) designed to enable policy makers and state agencies to enter into the model and
study each component of health care reform, including access to all aspects of health care
services, health care home, payment reforms, populationwide prevention, health status of
Minnesotans, and incidence of chronic disease;
new text end
new text begin
(3) capable of assessing the interaction of different legislative and policy changes
to determine the net affect on costs, access, and health status within sectors of the health
care system, and the net overall impact across all sectors;
new text end
new text begin
(4) designed to identify risks of unpredictable or unintended consequences,
cost-shifting between or within sectors of the health care system, and opportunities to
make changes in one sector that will produce a benefit to other sectors; and
new text end
new text begin
(5) capable of being adjusted based on both the proposed changes and the resulting
impact in the following areas:
new text end
new text begin
(i) access to all aspects of health care services;
new text end
new text begin
(ii) health status of Minnesotans, including the incidence of chronic disease, health
disparities, and risk factors such as obesity and smoking;
new text end
new text begin
(iii) utilization of preventive care services such as screenings, immunizations, and
physical examinations; and
new text end
new text begin
(iv) costs and cost distribution, including costs to individuals and families,
businesses, and government, including the total cost of health care, health-related services,
and social services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 19. new text begin USE OF MODELING TOOL.
new text end
new text begin
(a) The University of Minnesota School of Public Health, health policy and
management division, must conduct an economic analysis of costs and benefits of various
health care reform proposals, including an analysis of the recommendations of the
Legislative Health Care Access Commission, the governor's transformation task force,
and a single statewide plan.
new text end
new text begin
(b) The analysis of each proposal should measure the impact on total public and
private health care spending in Minnesota that would result from each proposal, including
whether there are savings or additional costs due to:
new text end
new text begin
(1) increased or reduced insurance, billing, underwriting, marketing, and other
administrative functions;
new text end
new text begin
(2) timely and appropriate use of medical care;
new text end
new text begin
(3) market-driven or negotiated prices on medical services and products, including
pharmaceuticals;
new text end
new text begin
(4) a shortage or excess capacity of medical facilities and equipment;
new text end
new text begin
(5) increased utilization, better health outcomes, increased wellness due to
prevention, early intervention, and health-promoting activities;
new text end
new text begin
(6) increases or decreases in administrative expenses and health care expenses
due to payment reforms;
new text end
new text begin
(7) increases or decreases in administrative expenses and health care expenses due
to coordination of care;
new text end
new text begin
(8) increases or decreases in short-term and long-term utilization due to access to
comprehensive medically necessary benefits, including dental care, mental health care,
prescription drugs, and other health care; and
new text end
new text begin
(9) nonhealth care impacts on state and local expenditures such as reduced
out-of-home placement or crime costs due to mental health or chemical dependency
coverage.
new text end
new text begin
(c) The analysis must estimate for each proposal the number of Minnesotans without
access to health care, including those lacking access to certain types of medical care, such
as dental care, mental health care, and prescription drugs.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 20. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2007 Supplement, section 136A.127,
new text end
new text begin
is repealed.
new text end
ARTICLE 10
ENVIRONMENT AND NATURAL RESOURCES
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end
|
new text begin
2008 new text end |
new text begin
2009 new text end |
new text begin
Total new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
(200,000) new text end |
new text begin
$ new text end |
new text begin
(2,850,000) new text end |
new text begin
$ new text end |
new text begin
(3,050,000) new text end |
|
new text begin
Natural Resources new text end |
new text begin
-0- new text end |
new text begin
973,000 new text end |
new text begin
973,000 new text end |
|||
|
new text begin
Total new text end |
new text begin
$ new text end |
new text begin
(200,000) new text end |
new text begin
$ new text end |
new text begin
(1,877,000) new text end |
new text begin
$ new text end |
new text begin
(2,077,000) new text end |
Sec. 2. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2007, chapter 57, article 1, to
the agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2008" and "2009" used in this article mean that the addition
to or subtraction from the appropriation listed under them is available for the fiscal year
ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
reductions to appropriations for the fiscal year ending June 30, 2008, are effective the day
following final enactment. "The first year" is fiscal year 2008. "The second year" is fiscal
year 2009. "The biennium" is fiscal years 2008 and 2009.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|||||
Sec. 3. new text begin POLLUTION CONTROL AGENCY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(473,000) new text end |
||
new text begin
The appropriation additions or reductions
for each purpose are shown in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Water
|
new text begin
-0- new text end |
new text begin
(165,000) new text end |
||||
new text begin Subd. 3. new text end
new text begin
Multi Media
|
new text begin
-0- new text end |
new text begin
(180,000) new text end |
||||
new text begin Subd. 4. new text end
new text begin
Administration
|
new text begin
-0- new text end |
new text begin
(128,000) new text end |
||||
new text begin
To reduce funding for agency operations.
new text end
Sec. 4. new text begin NATURAL RESOURCES
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
(200,000) new text end |
new text begin
$ new text end |
new text begin
(1,604,000) new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|
|
new text begin
General new text end |
new text begin
(200,000) new text end |
new text begin
(2,577,000) new text end |
|
new text begin
Natural Resources new text end |
new text begin
-0- new text end |
new text begin
973,000 new text end |
new text begin
The appropriation additions or reductions
for each purpose are shown in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Lands and Minerals
|
new text begin
-0- new text end |
new text begin
(541,000) new text end |
||||
new text begin
$250,000 in 2009 is a reduction from the
appropriation for land asset management.
new text end
new text begin
$124,000 in 2009 is a reduction from the
appropriation for iron ore cooperative
agreements.
new text end
new text begin
$101,000 in 2009 is a reduction from the
appropriation for minerals diversification.
new text end
new text begin
$66,000 in 2009 is a reduction related to the
expedited land exchange process under new
Minnesota Statutes, section 94.3495.
new text end
new text begin Subd. 3. new text end
new text begin
Water Resource Management
|
new text begin
-0- new text end |
new text begin
(90,000) new text end |
||||
new text begin
$22,000 in 2009 is a reduction from the
appropriation for ring dikes under Minnesota
Statutes, section 103F.161.
new text end
new text begin
$38,000 in 2009 is a reduction related to the
elimination of the reporting requirements
under Minnesota Statutes, section 103A.43,
paragraph (c).
new text end
new text begin
$30,000 is a reduction in 2009 from the
appropriation for grants associated with the
implementation of the Red River mediation
agreement.
new text end
new text begin Subd. 4. new text end
new text begin
Forest Management
|
new text begin
-0- new text end |
new text begin
53,000 new text end |
||||
new text begin
$53,000 in 2009 is for the Forest Resources
Council to conduct a study of options and
make recommendations to the legislature
for addressing the fragmentation and
parcelization of large blocks of private
forest land in the state. This is a onetime
appropriation.
new text end
new text begin Subd. 5. new text end
new text begin
Parks and Recreation Management
|
new text begin
-0- new text end |
new text begin
-0- new text end |
||||
new text begin
$220,000 in 2009 is a reduction for parks and
recreation management.
new text end
new text begin
$220,000 in 2009 is from the state parks
account in the natural resources fund to
fund state park operations, maintenance,
resource management, educational services,
and associated support costs.
new text end
new text begin Subd. 6. new text end
new text begin
Trails and Waterways Management
|
new text begin
-0- new text end |
new text begin
135,000 new text end |
||||
new text begin
$150,000 in 2009 is from the all-terrain
vehicle account in the natural resources fund
for all-terrain vehicle trail rehabilitation.
new text end
new text begin
$50,000 in 2009 is a reduction from the
appropriation for nonmotorized trails.
new text end
new text begin
$35,000 in 2009 is from the all-terrain
vehicle account in the natural resources fund
for all-terrain vehicle grants-in-aid.
new text end
new text begin Subd. 7. new text end
new text begin
Fish and Wildlife Management
|
new text begin
-0- new text end |
new text begin
(427,000) new text end |
||||
new text begin
$329,000 in 2009 is a reduction for fish and
wildlife management.
new text end
new text begin
$46,000 in 2009 is a reduction in the
appropriation for the Minnesota Shooting
Sports Education Center.
new text end
new text begin
$52,000 in 2009 is a reduction for licensing.
new text end
new text begin Subd. 8. new text end
new text begin
Ecological Services
|
new text begin
(200,000) new text end |
new text begin
-0- new text end |
||||
new text begin
$200,000 in 2008 is a reduction from the
appropriation for impaired waters.
new text end
new text begin
By June 30, 2008, the commissioner of
finance shall transfer $594,000 from the
water recreation account in the natural
resources fund to the invasive species
account in the natural resources fund for
invasive species-related expenses.
new text end
new text begin Subd. 9. new text end
new text begin
Enforcement
|
new text begin
-0- new text end |
new text begin
110,000 new text end |
||||
new text begin
$458,000 in 2009 is a reduction in
enforcement operations. $75,000 of
this reduction is for conservation officer
recruiting.
new text end
new text begin
$383,000 is from the water recreation
account in the natural resources fund for
enforcement operations.
new text end
new text begin
$185,000 is from the all-terrain vehicle
account in the natural resources fund for
grants to county law enforcement agencies
for all-terrain vehicle enforcement and public
education activities based on all-terrain
vehicle use in the county.
new text end
new text begin Subd. 10. new text end
new text begin
General Reduction
|
new text begin
-0- new text end |
new text begin
(844,000) new text end |
||||
new text begin
The commissioner shall allocate the general
reduction among agency operations.
new text end
Sec. 5. new text begin BOARD OF WATER AND SOIL
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
200,000 new text end |
||
new text begin
$100,000 in 2009 is a reduction from the
appropriation for county cooperative weed
management programs.
new text end
new text begin
$150,000 in 2009 is a reduction from the
appropriation for the drainage assistance
program.
new text end
new text begin
$450,000 in 2009 is for implementing
rehabilitation, erosion, and sediment
control projects in the area included in
DR-1717. This appropriation is available
until expended.
new text end
new text begin
$100,000 in 2009 is for a grant to the Star
Lake Board established in new Minnesota
Statutes, section 103B.702. This is a onetime
appropriation.
new text end
new text begin
$100,000 in 2009 is a onetime general
reduction that the board shall allocate among
agency operations.
new text end
Sec. 6. new text begin TRANSFERS IN
|
new text begin new text end | new text begin new text end | new text begin new text end | new text begin new text end | ||
new text begin
By June 30, 2008, the commissioner
of finance shall transfer any remaining
unappropriated balance, estimated to be
$101,000, from the Minnesota future
resources fund to the general fund.
new text end
new text begin
By June 30, 2008, the commissioner of
finance shall transfer $1,400,000 from
the balance in the stream protection and
improvement fund to the general fund.
new text end
Sec. 7.
new text begin
[94.3495] EXPEDITED EXCHANGES OF LAND INVOLVING THE
STATE AND GOVERNMENTAL SUBDIVISIONS OF THE STATE.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose and scope. new text end
new text begin
(a) The purpose of this section is to expedite the
exchange of public land ownership. Consolidation of public land reduces management
costs and aids in the reduction of forest fragmentation.
new text end
new text begin
(b) This section applies to exchanges of land between the state and a governmental
subdivision of the state. For land exchanges under this section, sections 94.342 to 94.347
apply only to the extent specified in this section.
new text end
new text begin Subd. 2. new text end
new text begin Classes of land; definitions. new text end
new text begin
The classes of public land that may be
involved in an expedited exchange under this section are:
new text end
new text begin
(1) Class 1 land, which for the purpose of this section is Class A land as defined in
section 94.342, subdivision 1, except for:
new text end
new text begin
(i) school trust land as defined in section 92.025; and
new text end
new text begin
(ii) university land granted to the state by acts of Congress;
new text end
new text begin
(2) Class 2 land, which for the purpose of this section is Class B land as defined in
section 94.342, subdivision 2; and
new text end
new text begin
(3) Class 3 land, which for the purpose of this section is all land owned in fee by
a governmental subdivision of the state.
new text end
new text begin Subd. 3. new text end
new text begin Valuation of land. new text end
new text begin
(a) In an exchange of Class 1 land for Class 2 or 3 land,
the value of all the land shall be determined by the commissioner of natural resources. In
an exchange of Class 2 land for Class 3 land, the value of all the land shall be determined
by the county board of the county in which the land lies. To determine the value of the
land, the parties to the exchange may cause the land to be appraised, utilize the valuation
process provided under section 84.0272, subdivision 3, or obtain a market analysis from a
qualified real estate broker. Merchantable timber value must be determined and considered
in finalizing valuation of the lands.
new text end
new text begin
(b) All lands exchanged under this section shall be exchanged only for lands of
at least substantially equal value. For the purposes of this subdivision, "substantially
equal value" has the meaning given under section 94.343, subdivision 3, paragraph (b).
No payment is due either party if the lands are of substantially equal value but are not
of the same value.
new text end
new text begin Subd. 4. new text end
new text begin Title. new text end
new text begin
Title to the land must be examined to the extent necessary for the
parties to determine that the title is good, with any encumbrances identified. The parties to
the exchange may utilize title insurance to aid in the determination.
new text end
new text begin Subd. 5. new text end
new text begin Approval by Land Exchange Board. new text end
new text begin
All expedited land exchanges
under this section, and the terms and conditions of the exchanges, require the unanimous
approval of the Land Exchange Board.
new text end
new text begin Subd. 6. new text end
new text begin Conveyance. new text end
new text begin
(a) Conveyance of Class 1 land given in exchange shall be
made by deed executed by the commissioner of natural resources in the name of the
state. Conveyance of Class 2 land given in exchange shall be by a deed executed by the
commissioner of revenue in the name of the state. Conveyance of Class 3 land shall be by
a deed executed by the governing body in the name of the governing authority.
new text end
new text begin
(b) If Class 1 land is given in exchange for Class 2 or 3 land, the deed to the Class
2 or 3 land shall first be delivered to the commissioner of natural resources. Following
the recording of the deed, the commissioner of natural resources shall deliver the deed
conveying the Class 1 land.
new text end
new text begin
(c) If Class 2 land is given in exchange for Class 3 land, the deed to the Class 3 land
shall first be delivered to the county auditor. Following the recording of the deed, the
commissioner of revenue shall deliver the deed conveying the Class 2 land.
new text end
new text begin
(d) All deeds shall be recorded or registered in the county in which the lands lie.
new text end
new text begin Subd. 7. new text end
new text begin
Reversionary interest; mineral and water power rights and other
reservations.
new text end
new text begin
(a) All deeds conveying land given in an expedited land exchange under
this section shall include a reverter that provides that title to the land automatically reverts
to the conveying governmental unit if:
new text end
new text begin
(1) the receiving governmental unit sells, exchanges, or otherwise transfers title of
the land within 40 years of the date of the deed conveying ownership; and
new text end
new text begin
(2) there is no prior written approval for the transfer from the conveying
governmental unit. The authority for granting approval is the commissioner of natural
resources for former Class 1 land, the county board for former Class 2 land, and the
governing body for former Class 3 land.
new text end
new text begin
(b) Class 1 land given in exchange is subject to the reservation provisions of section
94.343, subdivision 4. Class 2 land given in exchange is subject to the reservation
provisions of section 94.344, subdivision 4. County fee land given in exchange is subject
to the reservation provisions of section 373.01, subdivision 1, paragraph (g).
new text end
new text begin Subd. 8. new text end
new text begin Land status. new text end
new text begin
Land received in exchange for Class 1 land is subject to the
same trust, if any, and otherwise has the same status as the land given in exchange. Land
received in exchange for Class 2 land is subject to a trust in favor of the governmental
subdivision wherein it lies and all laws relating to tax-forfeited land. Land received in
exchange for Class 3 land has the same status as the land given in exchange.
new text end
Sec. 8.
Minnesota Statutes 2006, section 97A.045, subdivision 11, is amended to read:
Subd. 11.
Power to prevent or control wildlife disease.
(a) If the commissioner
determines that action is necessary to prevent or control a wildlife disease, the
commissioner may prevent or control wildlife disease in a species of wild animal in
addition to the protection provided by the game and fish laws by further limiting, closing,
expanding, or opening seasons or areas of the state; by reducing or increasing limits in
areas of the state; by establishing disease management zones; by authorizing free licenses;
by allowing shooting from motor vehicles by persons designated by the commissioner;
by issuing replacement licenses for sick animals; by requiring sample collection from
hunter-harvested animals; by limiting wild animal possession, transportation, and
disposition; and by restricting wildlife feeding.
(b) The commissioner shall restrict wildlife feeding within a deleted text begin 15-miledeleted text end new text begin 30-milenew text end radius
of a cattle herd that is infected with bovine tuberculosis.new text begin In addition to any other penalties
provided by law, a person who violates a law restricting wildlife feeding within a bovine
tuberculosis management zone may not obtain a hunting license to take a wild animal
for two years after the date of conviction.
new text end
(c) The commissioner may prevent or control wildlife disease in a species of wild
animal in the state by emergency rule adopted under section 84.027, subdivision 13.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
new text begin
[97A.056] OUTDOOR HERITAGE FUND; LESSARD-HERITAGE
ENHANCEMENT COUNCIL.
new text end
new text begin Subdivision 1. new text end
new text begin Outdoor heritage fund. new text end
new text begin
(a) The outdoor heritage fund is established
in the Minnesota Constitution, article XI, section 15. All money earned by the outdoor
heritage fund must be credited to the fund. At least 97 percent of the money appropriated
from the fund must be spent on specific fish, wildlife, habitat, and land conservation
projects.
new text end
new text begin
(b) A forest fragmentation and consolidation account is created within the
outdoor heritage fund. From the receipts deposited in the fund under the Minnesota
Constitution, article XI, section 15, 20 percent each fiscal year must be credited to the
forest fragmentation and consolidation account. Money in the account may be spent only
for the acquisition of permanent easements on private forest land or for the acquisition of
land for forest consolidation. The conservation easements must guarantee public access,
including, but not limited to, hunting and fishing access.
new text end
new text begin
(c) A conservation partners account is created within the outdoor heritage fund.
From the receipts deposited in the fund under the Minnesota Constitution, article XI,
section 15, 20 percent each year must be credited to the conservation partners account.
Money in the account may be spent only for matching grants of up to $250,000 to local
sporting and wildlife conservation clubs for the improvement of fish, game, and wildlife
habitat conservation.
new text end
new text begin Subd. 2. new text end
new text begin Lessard-Heritage Enhancement Council. new text end
new text begin
(a) The Lessard-Heritage
Enhancement Council of 16 members is created in the legislative branch, consisting of:
new text end
new text begin
(1) three members of the senate appointed by the senate Subcommittee on
Committees of the Committee on Rules and Administration;
new text end
new text begin
(2) three members of the house of representatives appointed by the speaker of the
house;
new text end
new text begin
(3) three public members representing hunting, fishing, and wildlife habitat
conservation stakeholders appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration;
new text end
new text begin
(4) three public members representing hunting, fishing, and wildlife habitat
conservation stakeholders appointed by the speaker of the house; and
new text end
new text begin
(5) four public members representing hunting, fishing, and wildlife habitat
conservation stakeholders appointed by the governor.
new text end
new text begin
(b) One member from the senate and one member from the house of representatives
must be from the minority caucus.
new text end
new text begin
(c) At least one public member appointed by the speaker of the house and one public
member appointed by the senate Subcommittee on Committees of the Committee on Rules
and Administration must be a woman. At least two of the public members appointed
by the governor must be women. At least one of the public members appointed by the
governor must be an ethnic minority. Appointing authorities shall consider geographic
balance in making appointments under this section.
new text end
new text begin
(d) The public members appointed and recommended to the appointing authorities
according to subdivision 3 must:
new text end
new text begin
(1) have experience or expertise in the science, policy, or practice of preservation,
enhancement, and protection of the state's fish, game, and wildlife habitat;
new text end
new text begin
(2) have strong knowledge in the state's fish, game, and wildlife habitat conservation
issues around the state; and
new text end
new text begin
(3) have demonstrated the ability to work in a collaborative environment.
new text end
new text begin
(e) A public member may be removed by an appointing authority for cause.
new text end
new text begin
(f) Citizen members serve four-year terms and shall be initially appointed according
to the following schedule of terms:
new text end
new text begin
(1) two members appointed by the governor for a term ending the first Monday in
January 2013;
new text end
new text begin
(2) two members appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2013, and two members appointed by the speaker of the house for a term ending the first
Monday in January 2013;
new text end
new text begin
(3) one member appointed by the governor for a term ending the first Monday in
January 2012;
new text end
new text begin
(4) one member appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration for a term ending the first Monday in January
2012, and one member appointed by the speaker of the house for a term ending the first
Monday in January 2012; and
new text end
new text begin
(5) one member appointed by the governor for a term ending the first Monday in
January 2011.
new text end
new text begin
(g) Legislative members are entitled to reimbursement for per diem expenses plus
travel expenses incurred in the services of the council. The removal and, beginning July 1,
2009, the compensation of public members is as provided in section 15.0575.
new text end
new text begin
(h) The first meeting of the council shall be convened by the chair of the Legislative
Coordinating Commission. Members shall elect a chair, vice chair, secretary, and other
officers as determined by the council. The chair may convene meetings as necessary to
conduct the duties prescribed by this section.
new text end
new text begin
(i) Legislative membership terms are at the pleasure of the appointing authority,
except that members shall serve on the council until their successors are appointed.
new text end
new text begin
(j) The governor's appointments to the council are subject to the advice and consent
of the senate.
new text end
new text begin
(k) Vacancies occurring on the council do not affect the authority of the remaining
members of the council to carry out their duties.
new text end
new text begin
(l) In addition to the appointments in paragraph (a), each appointing authority shall
appoint one nonvoting member under the age of 18.
new text end
new text begin Subd. 3. new text end
new text begin Citizen selection committee. new text end
new text begin
(a) The governor shall appoint an Outdoor
Heritage Fund Citizen Selection Committee of five members who come from different
regions of the state and represent hunting and fishing stakeholders. The duties of the
Outdoor Heritage Enhancement Fund Citizen Selection Committee shall be to:
new text end
new text begin
(1) identify citizen candidates to be public members of the council, as part of the
open appointments process under section 15.0597;
new text end
new text begin
(2) request and review citizen candidate applications to be members of the council;
and
new text end
new text begin
(3) interview the citizen candidates and recommend an adequate pool of candidates
to be selected for council membership by the governor, the senate, and the house of
representatives. Compensation of members is as provided in section 15.0575.
new text end
new text begin
(b) The Outdoor Heritage Enhancement Fund Citizen Selection Committee shall
give strong consideration to recommending candidates under the age of 30.
new text end
new text begin Subd. 4. new text end
new text begin Strategic plan required. new text end
new text begin
(a) The council shall adopt a strategic plan for
making expenditures from the outdoor heritage fund, including identifying the priority
areas for funding for the next six years. The strategic plan must be reviewed every two
years. The strategic plan must have clearly stated short-term and long-term goals and
strategies for outdoor heritage fund expenditures, must provide measurable outcomes for
expenditures, and must determine areas of emphasis for funding.
new text end
new text begin
(b) The council shall consider the long-term strategic plans of agencies with
environment and natural resource programs and responsibilities and plans of fish, game,
and wildlife conservation organizations during the development and review of the
strategic plan.
new text end
new text begin Subd. 5. new text end
new text begin Duties of council. new text end
new text begin
(a) The council, in consultation with statewide and local
fishing, hunting, wildlife, forestry, agriculture, and land conservation groups, shall develop
a biennial budget plan to recommend expenditures from the outdoor heritage fund to the
legislature and the governor. Approval of the biennial budget plan for the outdoor heritage
fund requires an affirmative vote of at least 11 members of the council.
new text end
new text begin
(b) In the biennial budget submitted to the legislature, the governor shall submit
separate budget detail for planned expenditures from the outdoor heritage fund as
recommended by the council.
new text end
new text begin
(c) As a condition of acceptance of an appropriation from the outdoor heritage fund,
an agency or entity receiving an appropriation shall submit a work program and quarterly
progress reports for appropriations from the outdoor heritage fund to the members of the
Lessard-Heritage Enhancement Council in the form determined by the council.
new text end
new text begin Subd. 6. new text end
new text begin Council administration. new text end
new text begin
(a) The council may employ personnel and
contract with consultants as necessary to carry out the functions and duties of the council.
Permanent employees shall be in the unclassified service. The council may request staff
assistance, legal opinion, and data from agencies of state government as needed for the
execution of the responsibilities of the council.
new text end
new text begin
(b) Beginning July 1, 2009, the administrative expenses of the council shall be paid
from the outdoor heritage fund, as appropriated by law.
new text end
new text begin
(c) A council member or an employee of the council may not participate in or vote
on a decision of the council relating to an organization in which the member or employee
has either a direct or indirect personal financial interest. While serving on or employed by
the council, a person shall avoid any potential conflict of interest.
new text end
new text begin Subd. 7. new text end
new text begin Open meetings. new text end
new text begin
(a) Meetings of the council and other groups the council
may establish must be open to the public. Except where prohibited by law, the council
shall establish additional processes to broaden public involvement in all aspects of its
deliberations. For the purposes of this subdivision, a meeting occurs when a quorum is
present and action is taken regarding a matter within the jurisdiction of the council.
new text end
new text begin
(b) For legislative members of the council, enforcement of this subdivision shall
be governed by section 3.055, subdivision 2. For nonlegislative members of the council,
enforcement of this subdivision shall be governed by section 13D.06, subdivisions 1 and 2.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective November 15, 2008, if the
constitutional amendment proposed in Laws 2008, chapter 151, is adopted by the voters.
new text end
Sec. 10.
Minnesota Statutes 2006, section 103A.43, is amended to read:
103A.43 WATER ASSESSMENTS AND REPORTS.
(a) The Environmental Quality Board shall evaluate and report to the house of
representatives and senate committees with jurisdiction over the environment, natural
resources, and agriculture and the Legislative-Citizen Commission on Minnesota
Resources on statewide water research needs and recommended priorities for addressing
these needs. Local water research needs may also be included.
(b) The Environmental Quality Board shall work with the Pollution Control Agency
and the Department of Agriculture to coordinate a biennial assessment and analysis of
water quality, groundwater degradation trends, and efforts to reduce, prevent, minimize,
and eliminate degradation of water. The assessment and analysis must include an analysis
of relevant monitoring data.
deleted text begin
(c) The Environmental Quality Board shall work with the Department of Natural
Resources to coordinate an assessment and analysis of the quantity of surface and ground
water in the state and the availability of water to meet the state's needs.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end The Environmental Quality Board shall coordinate and submit a report
on water policy including the analyses in paragraphs (a) deleted text begin to (c)deleted text end new text begin and (b)new text end to the house of
representatives and senate committees with jurisdiction over the environment, natural
resources, and agriculture and the Legislative-Citizen Commission on Minnesota
Resources by September 15 of each even-numbered year. The report may include the
groundwater policy report in section 103A.204.
Sec. 11.
new text begin
[103B.701] STAR LAKES.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, the term "lake
association" means an association organized for the purpose of addressing issues on a
specific lake or river, a lake improvement district, or a lake conservation district.
new text end
new text begin Subd. 2. new text end
new text begin Application. new text end
new text begin
(a) A lake association may apply to the Star Lake Board for
designation as a star lake or river. The applicant must include a copy of a star lake or
river management plan for the lake or river.
new text end
new text begin
(b) After review of the application, the Star Lake Board shall determine whether
designation as a star lake or river will be granted. The designation as a star lake or river
becomes effective the day following designation by the board. The board shall publish the
decision on a star lake or river designation in the State Register, including the effective
date of the designation.
new text end
new text begin
(c) The star lake or river designation is effective until the earlier of:
new text end
new text begin
(1) five years after the date of designation; or
new text end
new text begin
(2) when the Star Lake Board finds that the lake association is not fulfilling the
requirements of this section or of the star lake or river management plan submitted.
new text end
new text begin
(d) Within six months before the expiration date of the designation as a star lake
or river, a lake association may apply to continue the star lake or river designation under
this section.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility. new text end
new text begin
A lake association applying for designation as a star lake
or river must:
new text end
new text begin
(1) develop and update a star lake or river management plan as provided in
subdivision 4;
new text end
new text begin
(2) maintain a membership or participation of at least 50 percent of the private
shoreland owners;
new text end
new text begin
(3) participate in a water quality monitoring program under section 115.06,
subdivision 4, or other programs meeting Pollution Control Agency standards; and
new text end
new text begin
(4) meet at least annually to review the plan and notify appropriate state agencies
and local government units in the development and monitoring of the star lake or river
management plan.
new text end
new text begin Subd. 4. new text end
new text begin Star lake or river management plan. new text end
new text begin
(a) A star lake or river management
plan must contain a baseline of the current condition of the lake or river based on scientific
information and plans for addressing the following issues:
new text end
new text begin
(1) increases in native vegetation in the littoral area of the lake or river, where
appropriate;
new text end
new text begin
(2) increases in native vegetation on the shoreline areas of the lake or river, where
appropriate;
new text end
new text begin
(3) prevention, reduction, or elimination of aquatic invasive species in the lake
or river;
new text end
new text begin
(4) increasing or maintaining a healthy diverse fishery that is appropriate for the
lake or river;
new text end
new text begin
(5) how the association will work with state agencies and local government units to
identify water pollution sources and impairments;
new text end
new text begin
(6) how the association will assist state and local programs to generate data needed
by state agencies and local government units in an appropriate format;
new text end
new text begin
(7) promoting compliance with adopted shoreland zoning standards and shoreland
best management practices;
new text end
new text begin
(8) how the lake association will assure its involvement in public input opportunities
for various local comprehensive and project-specific planning and zoning processes;
new text end
new text begin
(9) education and recognition opportunities for shoreland owners and other entities
that conduct activities affecting the quality of the lake or river; and
new text end
new text begin
(10) other activities that will coordinate with or enhance other state and local water
management efforts.
new text end
new text begin
(b) The star lake or river management plan shall be updated within five years of
adoption by the lake association.
new text end
new text begin Subd. 5. new text end
new text begin State resources. new text end
new text begin
State agencies may consider star lake or river designation
in determining the allocation of financial and staff resources.
new text end
Sec. 12.
new text begin
[103B.702] STAR LAKE BOARD.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
(a) The Star Lake Board shall be established as a
nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986,
as amended. The Star Lake Board shall promote and designate star lakes and rivers in
Minnesota under section 103B.701.
new text end
new text begin
(b) The board must work with private and public entities to leverage the resources
available to achieve and sustain the designation of Minnesota star lakes or rivers. The
board may assist lake associations with finding appropriate technical and financial
assistance and make recommendations to state agencies and local government units
regarding the manner in which technical or financial assistance can be most effectively
delivered. To the extent that money is available, the board may secure, provide, or
recommend financial assistance to meet specific needs of lake associations, for:
new text end
new text begin
(1) completing a star lake or river management plan when the lake association does
not have an existing management plan and the association is committed to the goals of a
plan, as specified in section 103B.701, subdivision 4; and
new text end
new text begin
(2) addressing specific issues of the lake or river to achieve or maintain the goals
of the lake or river management plan for lake associations that have achieved a star lake
or river designation.
new text end
new text begin
(c) The board shall consist of:
new text end
new text begin
(1) one member designated by Minnesota Waters;
new text end
new text begin
(2) one member designated by the North Central Lakes Collaborative;
new text end
new text begin
(3) five members, chosen by the other board members with regard to obtaining
representation from a variety of types of lakes and rivers within the state, who are from
lake associations representing designated star lakes or rivers, or until July 1, 2011, are
eligible to achieve star lake or river designation;
new text end
new text begin
(4) one member designated by the commissioner of natural resources;
new text end
new text begin
(5) one member designated by the commissioner of the Pollution Control Agency;
new text end
new text begin
(6) one member designated by the chair of the Board of Water and Soil Resources;
new text end
new text begin
(7) one member designated by the Indian Affairs Council;
new text end
new text begin
(8) one member designated by the Association of Minnesota Counties;
new text end
new text begin
(9) one member designated by the Minnesota Inter-County Association; and
new text end
new text begin
(10) one member designated by the League of Minnesota Cities.
new text end
new text begin
(d) By January 15 of each odd-numbered year, the board shall submit a report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over environment policy and finance on the activities for which money has
been or will be spent for the current biennium, the applications for designation, and the
star lakes or rivers designated by the board.
new text end
new text begin Subd. 2. new text end
new text begin Conflict of interest. new text end
new text begin
A board member may not participate in or vote on a
decision of the board relating to an organization in which the member has either a direct
or indirect personal financial interest. While serving on the Star Lake Board, a member
shall avoid any potential conflict of interest.
new text end
new text begin Subd. 3. new text end
new text begin Staff; contracts. new text end
new text begin
The board may hire staff or enter into contracts to carry
out the activities of the board.
new text end
new text begin Subd. 4. new text end
new text begin Bylaws. new text end
new text begin
The board shall adopt bylaws necessary for the conduct of the
business of the board consistent with this section. The corporation must publish bylaws
and amendments to the bylaws in the State Register.
new text end
new text begin Subd. 5. new text end
new text begin Place of business. new text end
new text begin
The board shall locate and maintain the board's place of
business within the state.
new text end
new text begin Subd. 6. new text end
new text begin Chair. new text end
new text begin
The board shall annually elect from among its members a chair and
other officers necessary for the performance of its duties.
new text end
new text begin Subd. 7. new text end
new text begin Meetings. new text end
new text begin
The board shall meet at least twice each year and may hold
additional meetings upon giving notice in accordance with the bylaws of the board. Board
meetings are subject to chapter 13D.
new text end
new text begin Subd. 8. new text end
new text begin Funds. new text end
new text begin
The board may accept and use gifts, grants, or contributions from
any source. Unless otherwise restricted by the terms of a gift or bequest, the board may
sell, exchange, or otherwise dispose of and invest or reinvest the money, securities, or other
property given or bequested to it. The principal of these funds, the income from them, and
all other revenues received by the board from any nonstate source must be placed in the
depositories the board determines and is subject to expenditure for the board's purposes.
new text end
new text begin Subd. 9. new text end
new text begin Accounts; audits. new text end
new text begin
The board may establish funds and accounts necessary
to carry out its responsibilities. The board shall provide for and pay the cost of an
independent audit of its official books and records by the legislative auditor subject to
sections 3.971 and 3.972. A copy of this audit shall be filed with the secretary of state.
new text end
Sec. 13.
Minnesota Statutes 2006, section 103G.271, subdivision 6, is amended to read:
Subd. 6.
Water use permit processing fee.
(a) Except as described in paragraphs
(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
accordance with the schedule of fees in this subdivision for each water use permit in force
at any time during the year. The schedule is as follows, with the stated fee in each clause
applied to the total amount appropriated:
(1) deleted text begin $101deleted text end new text begin $140new text end for amounts not exceeding 50,000,000 gallons per year;
(2) deleted text begin $3deleted text end new text begin $3.50new text end per 1,000,000 gallons for amounts greater than 50,000,000 gallons
but less than 100,000,000 gallons per year;
(3) deleted text begin $3.50deleted text end new text begin $4new text end per 1,000,000 gallons for amounts greater than 100,000,000 gallons
but less than 150,000,000 gallons per year;
(4) deleted text begin $4deleted text end new text begin $4.50new text end per 1,000,000 gallons for amounts greater than 150,000,000 gallons
but less than 200,000,000 gallons per year;
(5)deleted text begin $4.50deleted text end new text begin $5new text end per 1,000,000 gallons for amounts greater than 200,000,000 gallons
but less than 250,000,000 gallons per year;
(6) deleted text begin $5deleted text end new text begin $5.50new text end per 1,000,000 gallons for amounts greater than 250,000,000 gallons
but less than 300,000,000 gallons per year;
(7) deleted text begin $5.50deleted text end new text begin $6new text end per 1,000,000 gallons for amounts greater than 300,000,000 gallons
but less than 350,000,000 gallons per year;
(8) deleted text begin $6deleted text end new text begin $6.50new text end per 1,000,000 gallons for amounts greater than 350,000,000 gallons
but less than 400,000,000 gallons per year;
(9) deleted text begin $6.50deleted text end new text begin $7new text end per 1,000,000 gallons for amounts greater than 400,000,000 gallons
but less than 450,000,000 gallons per year;
(10) deleted text begin $7deleted text end new text begin $7.50new text end per 1,000,000 gallons for amounts greater than 450,000,000 gallons
but less than 500,000,000 gallons per year; and
(11) deleted text begin $7.50deleted text end new text begin $8new text end per 1,000,000 gallons for amounts greater than 500,000,000 gallons
per year.
(b) For once-through cooling systems, a water use processing fee must be prescribed
by the commissioner in accordance with the following schedule of fees for each water use
permit in force at any time during the year:
(1) for nonprofit corporations and school districts, deleted text begin $150deleted text end new text begin $200new text end per 1,000,000 gallons;
and
(2) for all other users, deleted text begin $300deleted text end new text begin $420new text end per 1,000,000 gallons.
(c) The fee is payable based on the amount of water appropriated during the year
and, except as provided in paragraph (f), the minimum fee is $100.
(d) For water use processing fees other than once-through cooling systems:
(1) the fee for a city of the first class may not exceed $250,000 per year;
(2) the fee for other entities for any permitted use may not exceed:
(i) $50,000 per year for an entity holding three or fewer permits;
(ii) $75,000 per year for an entity holding four or five permits;
(iii) $250,000 per year for an entity holding more than five permits;
(3) the fee for agricultural irrigation may not exceed $750 per year;
(4) the fee for a municipality that furnishes electric service and cogenerates steam
for home heating may not exceed $10,000 for its permit for water use related to the
cogeneration of electricity and steam; and
(5) no fee is required for a project involving the appropriation of surface water to
prevent flood damage or to remove flood waters during a period of flooding, as determined
by the commissioner.
(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
percent per month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
governmental agency holding a water appropriation permit.
(f) The minimum water use processing fee for a permit issued for irrigation of
agricultural land is $20 for years in which:
(1) there is no appropriation of water under the permit; or
(2) the permit is suspended for more than seven consecutive days between May 1
and October 1.
(g) A surcharge of $20 per million gallons in addition to the fee prescribed in
paragraph (a) shall be applied to the volume of water used in each of the months of June,
July, and August that exceeds the volume of water used in January for municipal water
use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities
with more than one permit shall be determined based on the total appropriations from all
permits that supply a common distribution system.
Sec. 14.
new text begin
[173.0855] STAR LAKE OR RIVER SIGNS.
new text end
new text begin Subdivision 1. new text end
new text begin Authority to erect. new text end
new text begin
(a) A county, statutory or home rule charter city,
or town of Minnesota that contains a star lake or river designated under section 103B.701
may request the Department of Transportation to erect star lake or river signs pursuant
to section 161.139. One sign may be erected at each approach to a lake or river within
the right-of-way of an interstate or other highway that passes over a lake or river in the
Department of Transportation's eight-county metropolitan district or near or over a lake or
river in greater Minnesota.
new text end
new text begin
(b) An official lake or river sign on the right-of-way of an interstate or other highway
may be replaced with a star lake or river sign by the Department of Transportation
pursuant to section 161.139.
new text end
new text begin Subd. 2. new text end
new text begin Sign standards. new text end
new text begin
The Department of Transportation shall design and
manufacture the star lake and river signs to specifications not contrary to other federal
and state highway sign standards.
new text end
Sec. 15.
Laws 2007, chapter 57, article 1, section 4, subdivision 4, is amended to read:
Subd. 4.Forest Management
|
44,495,000 |
43,393,000 |
||||
| Appropriations by Fund |
||
| General |
24,755,000 |
24,836,000 |
| Natural Resources |
19,483,000 |
18,293,000 |
| Game and Fish |
257,000 |
264,000 |
$7,217,000 the first year and $7,217,000
the second year are for prevention,
presuppression, and suppression costs of
emergency firefighting and other costs
incurred under Minnesota Statutes, section
88.12. If the appropriation for either
year is insufficient to cover all costs of
presuppression and suppression, the amount
necessary to pay for these costs during the
biennium is appropriated from the general
fund.
By November 15 of each year, the
commissioner of natural resources shall
submit a report to the chairs of the house
and senate committees and divisions having
jurisdiction over environment and natural
resources finance, identifying all firefighting
costs incurred and reimbursements received
in the prior fiscal year. These appropriations
may not be transferred. Any reimbursement
of firefighting expenditures made to the
commissioner from any source other than
federal mobilizations shall be deposited into
the general fund.
$17,983,000 the first year and $18,293,000
the second year are from the forest
management investment account in the
natural resources fund for only the purposes
specified in Minnesota Statutes, section
89.039, subdivision 2.
Of this amount:
(1) $750,000 each year is for additional staff
to enhance timber sales;
(2) $1,000,000 each year is for forest
improvements;
(3) $1,100,000 each year is for forest road
maintenance;
(4) $600,000 each year is for the ecological
classification system on state forest lands;
(5) $350,000 each year is for the prevention
of invasive species on state forest lands; and
(6) $400,000 each year is for the re-inventory
of state forest lands.
Money for forest road maintenance is
onetime.
$780,000 the first year and $780,000 the
second year are for the Forest Resources
Council for implementation of the
Sustainable Forest Resources Act.
$40,000 the first year is for the Forest
Resources Council to provide a grant to
the University of Minnesota to prepare a
statewide plan to address the fragmentation
and parcelization of large blocks of forest
land in the state.
$200,000 in fiscal year 2008 is for a grant
to the Forest Resources Research Advisory
Committee to provide direction on research
topics recommended by the governor's task
force on the competitiveness of Minnesota's
primary forest products industry.
$350,000 the first year and $350,000 the
second year are for the FORIST timber
management information system, other
information systems, and for increased
forestry management. The amount in the
second year is also available in the first year.
$257,000 the first year and $264,000 the
second year are from the game and fish
fund to implement ecological classification
systems (ECS) standards on forested
landscapes. This appropriation is from
revenue deposited in the game and fish fund
under Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).
$110,000 the first year is to develop and
implement a statewide information and
education campaign regarding the statewide
ban on the transport, storage, or use of
nonapproved firewood on state-administered
lands.
$1,500,000 the first year is from the forest
management investment account in the
natural resources fund for the purposes of
section 158. This is a onetime appropriation.
$75,000 the first year is to the Forest
Resources Council for a task force on
forest protection and $75,000 the second
year is appropriated to the commissioner
for grants to cities, counties, townships,
special recreation areas, and park and
recreation boards in cities of the first class
for the identification, removal, disposal, and
replacement of dead or dying shade trees
lost to forest pests or disease. For purposes
of this section, "shade tree" means a woody
perennial grown primarily for aesthetic or
environmental purposes with minimal to
residual timber value. The commissioner
shall consult with municipalities; park and
recreation boards in cities of the first class;
nonprofit organizations; and other interested
parties in developing eligibility criteria. *
(The preceding text beginning "$75,000 the
first year" was indicated as vetoed by the
governor.)
$200,000 in fiscal year 2008 is for a grant
to the Natural Resources Research Institute
for silvicultural research to improve the
quality and quantity of timber fiber. The
appropriation must be matched in the amount
of $200,000 in cash or in-kind contributions
from the forest products industry members of
the Minnesota Forest Productivity Research
Cooperative.
$1,000,000 the first year and $1,000,000
the second year are to support additional
deleted text begin technical and cost-share assistance to
nonindustrial private forest (NIPF)
landownersdeleted text end new text begin forest management activitiesnew text end .
The base appropriation in fiscal year 2010
and later is $500,000.
$200,000 the first year and $200,000 the
second year are to deleted text begin address escalating
land asset management demands, such as
boundary disputes, access easements, and
sale, exchange, and acquisition of forest
landsdeleted text end new text begin support additional forest management
activitiesnew text end .
Sec. 16. new text begin FIRST MEETING; DEADLINE FOR APPOINTMENTS.
new text end
new text begin
The appointing authorities named in Minnesota Statutes, section 103B.702, must
complete their appointments to the Star Lake Board by August 1, 2008, with the exception
of the appointments required under Minnesota Statutes, section 103B.702, subdivision 1,
paragraph (c), clause (3), which must be completed within 30 days of the first meeting of
the board. The board member designated by the commissioner of natural resources must
convene the first meeting of the board no later than September 1, 2008.
new text end
Sec. 17. new text begin DEPARTMENT OF NATURAL RESOURCES RULEMAKING
REQUIRED; STRUCTURES IN PUBLIC WATERS.
new text end
new text begin
By June 30, 2011, the commissioner of natural resources shall update rules on
structures that are allowed in public waters and the permit requirements for those
structures under Minnesota Rules, chapter 6115. The Department of Natural Resources
general permit no. 2008-0401 expires on the effective date of the updated rules.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 11
ENERGY
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize direct appropriations or reductions,
by fund, made in this article.
new text end
|
new text begin
2008 new text end |
new text begin
2009 new text end |
new text begin
Total new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
(2,800,000) new text end |
new text begin
$ new text end |
new text begin
(1,300,000) new text end |
new text begin
$ new text end |
new text begin
(4,100,000) new text end |
Sec. 2. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2007, chapter 57, article 2, to
the agencies and for the purposes specified in this article. The appropriations are from the
general fund or another named fund and are available for the fiscal years indicated for
each purpose. The figures "2008" and "2009" used in this article mean that the addition
to or subtraction from the appropriation listed under them is available for the fiscal year
ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
reductions to appropriations for the fiscal year ending June 30, 2008, are effective the
day following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|||||
Sec. 3. new text begin COMMERCE; ENERGY AND
|
new text begin
$ new text end |
new text begin
(2,800,000) new text end |
new text begin
$ new text end |
new text begin
(1,300,000) new text end |
||
new text begin
$2,800,000 is a reduction from the fiscal year
2008 appropriation for renewable hydrogen
initiative grants.
new text end
new text begin
$1,500,000 is a reduction from the fiscal
year 2009 appropriation for E-85 cost share
grants.
new text end
new text begin
Costs for the Green Economy Transformation
Task Force under section 9 and the report
under section 8 shall be paid from the
appropriation in Laws 2007, chapter 57,
article 2, section 3, subdivision 6, for
technical analysis and demonstration
funding to study environmentally friendly
manufacturing and assembly processes.
new text end
new text begin
$200,000 in fiscal year 2009 is to develop
sustainability standards for biodiesel
feedstocks, in consultation with the Next
Generation Board and stakeholders with
technical expertise. This is a onetime
appropriation.
new text end
Sec. 4. new text begin PUBLIC UTILITIES COMMISSION
|
||||||
new text begin
By July 31, 2008, the commissioner of
finance shall transfer $4,000,000 from the
telephone assistance plan account in the
special revenue fund to the general fund.
new text end
Sec. 5.
new text begin
[116J.437] COORDINATING ECONOMIC DEVELOPMENT AND
ENVIRONMENTAL POLICY.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For the purpose of this section, "green economy" means
products, processes, methods, technologies, or services intended to do one or more of
the following:
new text end
new text begin
(1) increase the use of energy from renewable sources, as defined in section
216B.1691;
new text end
new text begin
(2) increase the energy efficiency of the electric utility infrastructure system or
increase energy conservation related to electricity use, as provided in sections 216B.2401
and 216B.241;
new text end
new text begin
(3) reduce greenhouse gas emissions, as defined in section 216H.01, subdivision
2, or mitigate greenhouse gas emissions through, but not limited to, carbon capture,
storage, or sequestration;
new text end
new text begin
(4) monitor, protect, restore, and preserve the quality of surface waters; or
new text end
new text begin
(5) expand use of biofuels, including by expanding the feasibility or reducing the
cost of producing biofuels or the types of equipment, machinery, and vehicles that can use
biofuels.
new text end
new text begin
For the purpose of clause (3), "green economy" includes strategies that reduce carbon
emissions, such as utilizing existing buildings and other infrastructure, and utilizing mass
transit or otherwise reducing commuting for employees.
new text end
new text begin Subd. 2. new text end
new text begin Coordinating economic development and environmental policy. new text end
new text begin
The
commissioner and the Jobs Skills Partnership Board shall cooperate to promote job
training that complements green economy business development.
new text end
Sec. 6.
Minnesota Statutes 2007 Supplement, section 116J.575, subdivision 1a, is
amended to read:
Subd. 1a.
Priorities.
(a) If applications for grants exceed the available
appropriations, grants shall be made for sites that, in the commissioner's judgment, provide
the highest return in public benefits for the public costs incurred. "Public benefits" include
job creation, bioscience development, environmental benefits to the state and region,
efficient use of public transportation, efficient use of existing infrastructure, provision of
affordable housing, multiuse development that constitutes community rebuilding rather
than single-use development, crime reduction, blight reduction, community stabilization,
and property tax base maintenance or improvement. In making this judgment, the
commissioner shall give priority to redevelopment projects with one or more of the
following characteristics:
(1) the need for redevelopment in conjunction with contamination remediation needs;
(2) the redevelopment project meets current tax increment financing requirements
for a redevelopment district and tax increments will contribute to the project;
(3) the redevelopment potential within the municipality;
(4) proximity to public transit if located in the metropolitan area;
(5) redevelopment costs related to expansion of a bioscience business in Minnesota;
deleted text begin and
deleted text end
(6) multijurisdictional projects that take into account the need for affordable housing,
transportation, and environmental impactnew text begin ; or
new text end
new text begin (7) the project advances or promotes the green economy as defined in section
116J.437new text end .
(b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the
commissioner may weigh each factor, depending upon the facts and circumstances, as
the commissioner considers appropriate. The commissioner may consider other factors
that affect the net return of public benefits for completion of the redevelopment plan. The
commissioner, notwithstanding the listing of priorities and the goal of maximizing the
return of public benefits, shall make grants that distribute available money to sites both
within and outside of the metropolitan area. Unless sufficient applications are not received
for qualifying sites outside of the metropolitan area, at least 50 percent of the money
provided as grants must be made for sites located outside of the metropolitan area.
Sec. 7.
Minnesota Statutes 2006, section 116J.8731, subdivision 4, is amended to read:
Subd. 4.
Eligible projects.
Assistance must be evaluated on the existence of the
following conditions:
(1) creation of new jobs, retention of existing jobs, or improvements in the quality of
existing jobs as measured by the wages, skills, or education associated with those jobs;
(2) increase in the tax base;
(3) the project can demonstrate that investment of public dollars induces private
funds;
(4) the project can demonstrate an excessive public infrastructure or improvement
cost beyond the means of the affected community and private participants in the project;
(5) the project provides higher wage levels to the community or will add value to
current workforce skills;
(6) whether assistance is necessary to retain existing business; deleted text begin and
deleted text end
(7) whether assistance is necessary to attract out-of-state businessnew text begin ; and
new text end
new text begin (8) the project promotes or advances the green economy as defined in section
116J.437new text end .
A grant or loan cannot be made based solely on a finding that the conditions in
clause (6) or (7) exist. A finding must be made that a condition in clause (1), (2), (3),
(4), or (5) also exists.
Applications recommended for funding shall be submitted to the commissioner.
Sec. 8. new text begin REPORT.
new text end
new text begin
The commissioner of commerce, in consultation with the commissioner of
employment and economic development, must analyze all state grant and loan programs
administered by a state agency, other than the Iron Range Resources and Rehabilitation
Board, to develop a plan specific to each program to optimize the growth of the green
economy, as defined in new Minnesota Statutes, section 116J.437, through program
activities. The report, along with any necessary implementing legislation, must be
submitted to the chairs of the legislative committees with primary jurisdiction over
energy, environmental, economic development, and economic development finance or
policy issues by January 15, 2009.
new text end
Sec. 9. new text begin GREEN ECONOMY TRANSFORMATION TASK FORCE.
new text end
new text begin Subdivision 1. new text end
new text begin Task force. new text end
new text begin
(a) A Green Economy Transformation Task Force is
created to advise and assist the governor and legislature regarding activities to transform
the state's economy, and to develop a statewide action plan as provided under subdivision
2. The task force shall be appointed no later than June 30, 2008, and consist of:
new text end
new text begin
(1) three members of the house of representatives, including one member of the
minority party appointed by the speaker;
new text end
new text begin
(2) three members of the senate appointed by the Subcommittee on Committees of
the Committee on Rules and Administration, including one member of the minority;
new text end
new text begin
(3) six representatives from state agencies and institutions appointed by the
governor, including one member from the Office of Energy Security, one member from
the Department of Employment and Economic Development, one member from the Job
Skills Partnership Board, one member from the University of Minnesota, one member
from Minnesota State Colleges and Universities, and one member from the Pollution
Control Agency;
new text end
new text begin
(4) two public members appointed by the governor, including one member
representing the utility industry, and one member representing financial institutions;
new text end
new text begin
(5) three public members appointed by the speaker of the house of representatives,
including one member representing labor, one member representing a statewide
environmental organization, and one member representing financial institutions or venture
capital; and
new text end
new text begin
(6) three public members appointed by the senate Subcommittee on Committees
of the Committee on Rules and Administration, including one member from a local
economic development authority, one member from a statewide organization dedicated to
furthering the green economy, and one additional member.
new text end
new text begin
(b) The commissioner of commerce, in cooperation with the commissioner of
employment and economic development, shall provide staff support to the task force. The
task force may accept outside resources to help support its efforts.
new text end
new text begin
(c) Each of the legislative appointing authorities must name a cochair of the task
force from the legislative members appointed by that authority.
new text end
new text begin
(d) Public members of the task force must be compensated as provided in Minnesota
Statutes, section 15.059, subdivision 3.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
(a) By January 15, 2009, the task force shall develop and present to
the legislature under Minnesota Statutes, section 3.195, and to the governor a statewide
action plan, including necessary draft legislation and budget requests, for transforming
the economic system of the state to respond to and benefit from the environmental and
energy policies of the state contained in the:
new text end
new text begin
(1) renewable energy standard in Minnesota Statutes, section 216B.1691,
subdivision 2a;
new text end
new text begin
(2) energy conservation requirement in Minnesota Statutes, section 216B.241,
subdivision 1c;
new text end
new text begin
(3) greenhouse gas emission reduction goals in Minnesota Statutes, section 216H.02,
subdivision 1;
new text end
new text begin
(4) Clean Water Legacy Act in Minnesota Statutes, chapter 114D; and
new text end
new text begin
(5) biofuels 25 by 2025 initiative in Minnesota Statutes, sections 41A.10, subdivision
2, and 41A.11.
new text end
new text begin
(b) The plan may consist of recommended changes in law, administrative actions
of governmental entities, collaborative actions, and actions of individuals and individual
organizations. The plan must be developed following the analysis described in this
paragraph and must be based on the analysis. The analysis must include:
new text end
new text begin
(1) a market analysis of the business opportunities and needs created by the laws
enumerated in paragraph (a), including local, state, national, and international markets;
new text end
new text begin
(2) an analysis of the labor force needs related to the market analysis opportunities
identified in clause (1), including educational, training, and retraining needs; and
new text end
new text begin
(3) an inventory of the current labor and business assets available to respond to the
opportunities identified in clause (1) and the labor needs identified in clause (2).
new text end
new text begin
The task force shall contract for the analysis required by this paragraph.
new text end
new text begin Subd. 3. new text end
new text begin Expiration. new text end
new text begin
The task force expires June 30, 2009.
new text end
ARTICLE 12
AGRICULTURE
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end
|
new text begin
2008 new text end |
new text begin
2009 new text end |
new text begin
Total new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
472,000 new text end |
new text begin
$ new text end |
new text begin
5,490,000 new text end |
new text begin
$ new text end |
new text begin
5,962,000 new text end |
Sec. 2. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2007, chapter 45, article 1, to
the agencies and for the purposes specified in this article. The appropriations are from the
general fund or another named fund and are available for the fiscal years indicated for
each purpose. The figures "2008" and "2009" used in this article mean that the addition
to or subtraction from the appropriation listed under them is available for the fiscal year
ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
reductions to appropriations for the fiscal year ending June 30, 2008, are effective the
day following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|||||
Sec. 3. new text begin DEPARTMENT OF AGRICULTURE
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(262,000) new text end |
||
new text begin Subd. 2. new text end
new text begin
General Reduction
|
new text begin
-0- new text end |
new text begin
(652,000) new text end |
||||
new text begin
The commissioner shall allocate the general
reduction among agency operations.
new text end
new text begin Subd. 3. new text end
new text begin
Livestock Investment Grants
|
new text begin
-0- new text end |
new text begin
700,000 new text end |
||||
new text begin
For livestock investment grants under new
Minnesota Statutes, section 17.118. This is a
onetime appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
Ethanol Producer Payments
|
new text begin
-0- new text end |
new text begin
(310,000) new text end |
||||
new text begin
This reduction is from the appropriation for
ethanol producer payments in Laws 2007,
chapter 45, article 1, section 3, subdivision 2.
This reduction is onetime.
new text end
new text begin
For fiscal year 2009 and thereafter,
notwithstanding any law to the contrary, the
commissioner of agriculture shall discontinue
payments under Minnesota Statutes, section
41A.09, including deficiency payments, to
any producer that ceased operations and
declared bankruptcy in 2004. For fiscal years
2010 and 2011, the payments discontinued
under this paragraph are available to make
payments to claimants for unpaid claims
against the producer that ceased operations
and declared bankruptcy in 2004.
new text end
Sec. 4. new text begin BOARD OF ANIMAL HEALTH
|
new text begin
$ new text end |
new text begin
472,000 new text end |
new text begin
$ new text end |
new text begin
5,752,000 new text end |
||
new text begin
$472,000 in 2008, and $2,252,000 in 2009
are for monitoring, testing, eradication,
education and outreach, other activities the
board is required to undertake to comply with
federal regulations concerning cattle, bison,
and farmed cervidae under a USDA modified
accredited status, and annual payments under
new Minnesota Statutes, section 35.086.
$80,000 of this appropriation in 2009 is for a
grant to the North Central Research Center at
Grand Rapids to develop best management
practices to control bovine tuberculosis. The
appropriation for fiscal year 2009 is added
to the base.
new text end
new text begin
$3,500,000 in 2008 is for payments
to cattle owners who remove cattle
herds that are located within the bovine
tuberculosis management zone and fencing
cost-share assistance under new Minnesota
Statutes, section 35.086. $150,000 of this
appropriation is for a grant to the North
Central Research Center at Grand Rapids
to develop best management practices to
control bovine tuberculosis. This is a onetime
appropriation and is available until spent.
new text end
Sec. 5.
new text begin
[17.118] LIVESTOCK INVESTMENT GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner may award a livestock investment
grant to a person who raises livestock in this state equal to ten percent of the first $500,000
of qualifying expenditures, provided the person makes qualifying expenditures of at least
$4,000. The commissioner may award multiple livestock investment grants to a person
over the life of the program as long as the cumulative amount does not exceed $50,000.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end
new text begin
(b) "Livestock" means beef cattle, dairy cattle, swine, poultry, goats, mules, farmed
cervidae, ratitae, bison, sheep, and llamas.
new text end
new text begin
(c) "Qualifying expenditures" means the amount spent for:
new text end
new text begin
(1) the acquisition, construction, or improvement of buildings or facilities for the
production of livestock or livestock products; or
new text end
new text begin
(2) the acquisition of equipment for livestock housing, confinement, feeding, and
waste management including, but not limited to, the following:
new text end
new text begin
(i) freestall barns;
new text end
new text begin
(ii) watering facilities;
new text end
new text begin
(iii) feed storage and handling equipment;
new text end
new text begin
(iv) milking parlors;
new text end
new text begin
(v) robotic equipment;
new text end
new text begin
(vi) scales;
new text end
new text begin
(vii) milk storage and cooling facilities;
new text end
new text begin
(viii) bulk tanks;
new text end
new text begin
(ix) computer hardware and software and associated equipment used to monitor
the productivity and feeding of livestock;
new text end
new text begin
(x) manure pumping and storage facilities;
new text end
new text begin
(xi) swine farrowing facilities;
new text end
new text begin
(xii) swine and cattle finishing barns;
new text end
new text begin
(xiii) calving facilities;
new text end
new text begin
(xiv) digesters;
new text end
new text begin
(xv) fences;
new text end
new text begin
(xvi) equipment used to produce energy; and
new text end
new text begin
(xvii) on-farm processing facilities and equipment.
new text end
new text begin
Qualifying expenditures only include amounts that are allowed to be capitalized and
deducted under either section 167 or 179 of the Internal Revenue Code in computing
federal taxable income. Qualifying expenditures do not include an amount paid to
refinance existing debt.
new text end
new text begin
(d) "Qualifying period" means, for a grant awarded during a fiscal year, that full
calendar year of which the first six months precede the first day of the current fiscal year.
For example, an eligible person who makes qualifying expenditures during calendar
year 2008 is eligible to receive a livestock investment grant between July 1, 2008, and
June 30, 2009.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility. new text end
new text begin
(a) To be eligible for a livestock investment grant, a person
must:
new text end
new text begin
(1) be a resident of Minnesota or an entity authorized to farm in this state under
section 500.24, subdivision 3;
new text end
new text begin
(2) be the principal operator of the farm;
new text end
new text begin
(3) hold a feedlot registration, if required; and
new text end
new text begin
(4) apply to the commissioner on forms prescribed by the commissioner including a
statement of the qualifying expenditures of at least $4,000 made during the qualifying
period along with any proof or other documentation the commissioner may require.
new text end
new text begin
(b) The $50,000 maximum grant applies at the entity level for partnerships, S
corporations, trusts, and estates as well as at the individual level. In the case of married
individuals, the grant is limited to $50,000 for a married couple.
new text end
new text begin Subd. 4. new text end
new text begin Process. new text end
new text begin
The commissioner shall review completed applications and
award grants to eligible applicants in the order in which applications were received by
the commissioner. The commissioner shall certify eligible applications up to the amount
appropriated for a fiscal year. The commissioner must place any additional eligible
applications on a waiting list and, notwithstanding subdivision 2, paragraph (c), give
them priority during the next fiscal year. The commissioner shall notify in writing any
applicant who applies for a grant and is ineligible under the provisions of this section
as well as any applicant whose application is received or reviewed after the fiscal year
funding limit has been reached.
new text end
Sec. 6.
new text begin
[35.086] BOVINE TUBERCULOSIS MANAGEMENT ZONE;
RESTRICTIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) The definitions in this subdivision apply to this
section.
new text end
new text begin
(b) "Bovine tuberculosis management zone" means the area within the ten-mile
radius around the five presumptive tuberculosis-positive deer sampled during the fall
2006 hunter-harvested surveillance effort.
new text end
new text begin
(c) "Located within" means that the herd is kept in the area for at least a part of
the year.
new text end
new text begin Subd. 2. new text end
new text begin Cattle herd buyout. new text end
new text begin
(a) The board shall offer a herd buyout payment
to cattle owners with existing cattle that are located within the bovine tuberculosis
management zone. The payment shall be $500 per animal. By September 1, 2008,
the cattle owner must accept or decline the offer for herd buyout payments under this
subdivision. A cattle owner receiving payment under this section must sign a contract
with the board that provides:
new text end
new text begin
(1) all cattle located within the bovine tuberculosis management zone will be
slaughtered by December 31, 2008;
new text end
new text begin
(2) the cattle owner will not have or allow any cattle to be located within the bovine
tuberculosis management zone, unless authorized by the board; and
new text end
new text begin
(3) the cattle owner who violates a condition under this subdivision must repay all
payments received under this section and be subject to penalties for violations under
this chapter.
new text end
new text begin
(b) After the effective date of this section, cattle shall not be moved into the bovine
tuberculosis management zone, unless authorized by the board.
new text end
new text begin
(c) Prior to making any payments under this subdivision, the board shall verify all
cattle for which a contract has been signed under this subdivision have been slaughtered.
new text end
new text begin
(d) In addition to the herd buyout payment under paragraph (a), a cattle owner who
signs a contract under paragraph (a) shall receive an annual payment of $75 for each
animal slaughtered. The board shall make the first annual payment by June 30, 2009, and
make annual payments by June 30 each year thereafter until the area receives a bovine
tuberculosis-free status and the owner is authorized by the board to have cattle located
within the bovine tuberculosis management zone.
new text end
new text begin Subd. 3. new text end
new text begin Cattle herds remaining in the zone. new text end
new text begin
The board shall conduct a
risk assessment for cattle that continue to be located within the bovine tuberculosis
management zone after December 31, 2008. If the board determines that cattle herds that
continue to be located within the bovine tuberculosis management zone present a risk of
cattle and deer interaction, the board shall require the owner of the cattle to keep all cattle
in a manner that does not allow cattle and deer interface. The board may also require that
any stored forage crops located within the bovine tuberculosis management zone are kept
in a manner that does not allow deer access. The board shall offer cost-share assistance for
fencing under subdivision 4 to a person who is required to:
new text end
new text begin
(1) keep cattle in a manner that does not allow cattle and deer interface; or
new text end
new text begin
(2) keep stored forage crops in a manner that does not allow deer access.
new text end
new text begin Subd. 4. new text end
new text begin Cost-share assistance for fencing. new text end
new text begin
(a) The board shall provide cost-share
assistance to persons for fencing cattle and stored forage crops in areas where the board
determines that there is an unacceptable risk of transmitting bovine tuberculosis to deer.
The cost-share payments shall be 90 percent of the cost of an approved fence up to
$75,000. The payments under this subdivision shall be on a reimbursement basis and
paid by the board after the board determines that the fence is built to the specifications
required by the board.
new text end
new text begin
(b) The board shall establish specifications for fences that qualify for cost-share
assistance under this subdivision and provide cattle owners with a list of approved fencing
contractors. The fencing must be constructed and maintained by an approved fencing
contractor, the landowner, or the tenant.
new text end
new text begin
(c) The board shall periodically inspect fences for which cost-share assistance has
been received under this subdivision. If the board determines that a fence for which
cost-share assistance has been received is not being maintained or used properly, the
board may:
new text end
new text begin
(1) order that the fence be repaired or used properly; or
new text end
new text begin
(2) place the herd under quarantine and require repayment to the board of any
cost-share assistance received by the person.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Minnesota Statutes 2007 Supplement, section 35.244, is amended to read:
35.244 deleted text begin RULES FORdeleted text end CONTROL OF BOVINE TUBERCULOSIS.
new text begin Subdivision 1. new text end
new text begin Designation of zones. new text end
new text begin
The board has the authority to control
tuberculosis and the movement of cattle, bison, goats, and farmed cervidae within and
between tuberculosis zones in the state. Zones within the state may be designated
as accreditation preparatory, modified accredited, modified accredited advanced, or
accredited free as those terms are defined in Code of Federal Regulations, title 9, part 77.
The board may designate tuberculosis zones that contain not more than 300 herds.
new text end
new text begin Subd. 2. new text end
new text begin Control within modified accredited zone. new text end
new text begin
In a modified accredited
zone, the board has the authority to:
new text end
new text begin
(1) require owners of cattle, bison, goats, or farmed cervidae to report personal
contact information and location of livestock to the board;
new text end
new text begin
(2) require a permit or movement certificates for all cattle, bison, goats, and farmed
cervidae moving between premises within the zone or leaving or entering the zone;
new text end
new text begin
(3) require official identification of all cattle, bison, goats, and farmed cervidae
within the zone or leaving or entering the zone;
new text end
new text begin
(4) require a negative tuberculosis test within 60 days prior to movement for any
individual cattle, bison, goats, or farmed cervidae leaving the zone with the exception of
cattle moving under permit directly to a slaughter facility under state or federal inspection;
new text end
new text begin
(5) require a whole-herd tuberculosis test within 12 months prior to moving breeding
cattle out of the zone;
new text end
new text begin
(6) require annual herd inventories on all cattle, bison, goats, or farmed cervidae
herds; and
new text end
new text begin
(7) require that a risk assessment be performed to evaluate the interaction of
free-ranging deer with cattle, bison, goats, and farmed cervidae herds and require the
owner to implement the recommendations of the risk assessment.
new text end
new text begin Subd. 3. new text end
new text begin Authority to adopt rules. new text end
The board may adopt rules to provide for the
control of tuberculosis in cattle. The rules may include provisions for quarantine, tests,
and such other measures as the board deems appropriate. Federal regulations, as provided
by Code of Federal Regulations, title 9, part 77, and the Bovine Tuberculosis Eradication
Uniform Methods and Rules, are incorporated as part of the rules in this state.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8. new text begin BOVINE TUBERCULOSIS CONTROL; TEMPORARY ASSESSMENT;
APPROPRIATION.
new text end
new text begin
(a) From January 1, 2009, to December 31, 2009, the commissioner of agriculture
shall collect a bovine tuberculosis control assessment of $1 for each head of cattle sold
from the first purchaser, as defined in Minnesota Statutes, section 17.53, subdivision 8,
paragraph (a). Money collected under this section shall be deposited in an account in
the special revenue fund and is appropriated to the Board of Animal Health for bovine
tuberculosis control activities.
new text end
new text begin
(b) A cattle owner located in a modified accredited zone established under Minnesota
Statutes, section 35.244, may receive a refund of the assessment under paragraph (a) after
application to the commissioner of agriculture.
new text end
ARTICLE 13
VETERANS AFFAIRS
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end
|
new text begin
2008 new text end |
new text begin
2009 new text end |
new text begin
Total new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
(5,200,000) new text end |
new text begin
$ new text end |
new text begin
(625,000) new text end |
new text begin
$ new text end |
new text begin
(5,825,000) new text end |
Sec. 2. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2007, chapter 45, article 2, to
the agencies and for the purposes specified in this article. The appropriations are from the
general fund or another named fund and are available for the fiscal years indicated for
each purpose. The figures "2008" and "2009" used in this article mean that the addition
to or subtraction from the appropriation listed under them is available for the fiscal year
ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
reductions to appropriations for the fiscal year ending June 30, 2008, are effective the
day following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|||||
Sec. 3. new text begin VETERANS AFFAIRS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
(5,200,000) new text end |
new text begin
$ new text end |
new text begin
(625,000) new text end |
||
new text begin
The appropriation additions or reductions
for each purpose are shown in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Benefits and Services
|
new text begin
(5,200,000) new text end |
new text begin
(1,650,000) new text end |
||||
new text begin
$2,500,000 in 2009 is for state soldiers'
assistance under Minnesota Statutes, section
197.05. $1,300,000 of this appropriation is
onetime.
new text end
new text begin
$100,000 in 2009 is for operations of the
LinkVET linkage line. This is a onetime
appropriation.
new text end
new text begin
$250,000 in 2009 is for traumatic brain injury
(TBI) and posttraumatic stress disorder
(PTSD) outreach and education, and for
a follow-up study on future mental health
needs of veterans with TBI or PTSD. This is
a onetime appropriation.
new text end
new text begin
$500,000 in 2009 is for additional
state veterans case workers to provide
comprehensive individual assistance to
veterans and to coordinate services for
veterans, military members, and their
families.
new text end
new text begin
If a new veterans cemetery is developed in
northern Minnesota, $325,000 each year
must be added to the agency's base funding
for cemetery operations beginning in fiscal
year 2010.
new text end
new text begin
The appropriation in Laws 2007, chapter
144, article 1, section 7, for grants to eligible
veterans or the spouses and children of
veterans as provided in Minnesota Statutes,
section 197.791, is reduced by $5,200,000 in
2008 and by $5,000,000 in 2009.
new text end
new text begin Subd. 3. new text end
new text begin
Claims and Outreach
|
new text begin
-0- new text end |
new text begin
725,000 new text end |
||||
new text begin
$250,000 in 2009 is for a grant to the
Minnesota Assistance Council for Veterans
for their work in helping veterans and their
families affected by homelessness. This is a
onetime appropriation.
new text end
new text begin
$125,000 in 2009 is to add "state navigator"
positions to coordinate state agency programs
and activities to support and assist soldiers
and their families during and after the
reintegration process. This is a onetime
appropriation.
new text end
new text begin
$250,000 in 2009 is for the Veterans Claims
Office for outreach and training to improve
services and benefits to veterans. This
appropriation includes money to add veterans
service officer/coordinator positions,
including one to assist female veterans. This
is a onetime appropriation.
new text end
new text begin
$100,000 in 2009 is for a grant to the
Minnesota Ambulance Association
to implement a veterans paramedic
apprenticeship program to reintegrate
returning military medics into Minnesota's
workforce in the field of paramedic and
emergency services, thereby guaranteeing
returning military medics gainful
employment with livable wages and benefits.
This is a onetime appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
Departmental Operations
|
new text begin
-0- new text end |
new text begin
100,000 new text end |
||||
new text begin
$100,000 in fiscal year 2009 is for veterans
affairs marketing. This is a onetime
appropriation.
new text end
new text begin Subd. 5. new text end
new text begin
Veterans Homes
|
new text begin
-0- new text end |
new text begin
200,000 new text end |
||||
new text begin
$200,000 in 2009 is for a strategic planning
study of the operations and capacity of the
Minnesota veterans homes. This is a onetime
appropriation.
new text end
Sec. 4.
Minnesota Statutes 2006, section 168.1255, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin World War II memorial donation match account. new text end
new text begin
Money remaining
in the World War II memorial donation match account after the state share of the
construction costs of the World War II memorial has been paid in full is appropriated to the
commissioner of veterans affairs for services and programs for veterans and their families.
new text end
Sec. 5.
Minnesota Statutes 2006, section 190.19, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Uses; veterans. new text end
new text begin
Money appropriated to the Department of Veterans
Affairs from the Minnesota "Support Our Troops" account may be used for:
new text end
new text begin
(1) grants to veterans service organizations; and
new text end
new text begin
(2) outreach to underserved veterans.
new text end
ARTICLE 14
MILITARY AFFAIRS
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end
|
new text begin
2008 new text end |
new text begin
2009 new text end |
new text begin
Total new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
375,000 new text end |
new text begin
$ new text end |
new text begin
375,000 new text end |
Sec. 2. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2007, chapter 45, article 3, to
the agencies and for the purposes specified in this article. The appropriations are from the
general fund or another named fund and are available for the fiscal years indicated for
each purpose. The figures "2008" and "2009" used in this article mean that the addition
to or subtraction from the appropriation listed under them is available for the fiscal year
ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
reductions to appropriations for the fiscal year ending June 30, 2008, are effective the
day following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|||||
Sec. 3. new text begin MILITARY AFFAIRS
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
375,000 new text end |
||
new text begin
$75,000 in 2009 is to establish a state
enhancement of the employer support of the
guard and reserve program. The base for this
activity is $35,000 in fiscal year 2010 and
$35,000 in fiscal year 2011.
new text end
new text begin
$135,000 in 2009 is to make $1,000 biannual
bonus payments to National Guard medics
who meet recertification requirements during
the fiscal year.
new text end
new text begin
$150,000 in 2009 is to add "state navigator"
positions to coordinate state agency programs
and activities to support and assist soldiers
and their families during and after the
reintegration process. This is a onetime
appropriation.
new text end
new text begin
$15,000 in 2009 is for a study of the National
Guard Youth Challenge Program. This is a
onetime appropriation.
new text end
Sec. 4.
Minnesota Statutes 2006, section 190.19, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
The Minnesota "Support Our Troops" account is
established in the special revenue fund. The account shall consist of contributions from
private sources and appropriations.new text begin Money in the account is appropriated in equal shares
to the Department of Military Affairs and the Department of Veterans Affairs.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Notwithstanding Laws 2007, chapter 45, article 2, section
1, and article 3, section 2, subdivision 3, this section is effective for distribution of the
Minnesota "Support Our Troops" account the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2007 Supplement, section 190.19, subdivision 2, is
amended to read:
Subd. 2.
Uses.
(a) Money appropriated from the Minnesota "Support Our Troops"
account new text begin to the Department of Military Affairs new text end may be used for:
(1) grants directly to eligible individuals;
(2) grants to one or more eligible foundations for the purpose of making grants to
eligible individuals, as provided in this section; deleted text begin or
deleted text end
(3) veterans' servicesdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(4) grants to family readiness groups chartered by the adjutant general.
new text end
(b) new text begin As used in paragraph (a), new text end the termdeleted text begin ,deleted text end "eligible individual" includes any person
who is:
(1) a member of the Minnesota National Guard or a reserve unit based in Minnesota
who has been called to active service as defined in section 190.05, subdivision 5;
(2) a Minnesota resident who is a member of a military reserve unit not based
in Minnesota, if the member is called to active service as defined in section 190.05,
subdivision 5;
(3) any other Minnesota resident performing active service for any branch of the
military of the United States;
(4) a person who served in one of the capacities listed in clause (1), (2), or (3) who
has current financial needs directly related to that service; and
(5) a member of the immediate family of an individual identified in clause (1), (2),
(3), or (4). For purposes of this clause, "immediate family" means the individual's spouse
and minor children and, if they are dependents of the member of the military, the member's
parents, grandparents, siblings, stepchildren, and adult children.
(c) new text begin As used in paragraph (a), new text end the term "eligible foundation" includes any organization
that:
(1) is a tax-exempt organization under section 501(c)(3) of the Internal Revenue
Code;
(2) has articles of incorporation under chapter 317A specifying the purpose of
the organization as including the provision of financial assistance to members of the
Minnesota National Guard and other United States armed forces reserves and their
families and survivors; and
(3) agrees in writing to distribute any grant money received from the adjutant general
under this section to eligible individuals as defined in this section and in accordance
with any written policies and rules the adjutant general may impose as conditions of the
grant to the foundation.
(d) The maximum grant awarded to an eligible individual new text begin under paragraph (a) new text end in a
calendar year with funds from the Minnesota "Support Our Troops" account, either through
an eligible institution or directly from the adjutant general, may not exceed $2,000.
Sec. 6.
Minnesota Statutes 2006, section 190.25, subdivision 3, is amended to read:
Subd. 3.
Sale; use of funds.
The adjutant general is authorized to sell in the manner
provided by law any or all
(1) land, and
(2) deleted text begin timber,deleted text end growing crops, buildings, and other improvements, if any, situated upon
the land,
acquired under the authority of subdivision 1 or which may hereafter comprise the Camp
Ripley Military Field Training Center and not needed for military training purposes. The
proceeds of any sales shall be deposited in the general fund.
The adjutant general may use funds that are directly appropriated for the acquisition
of land, the payment of expenses of forest management on land forming the Camp
Ripley Military Reservation, and the provision of an Enlisted Person's Service Center. If
amounts that are directly appropriated for these purposes in either year of a biennium are
insufficient, the appropriation for the other year of the biennium is available.
Sec. 7.
Minnesota Statutes 2006, section 190.25, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Timber sales; use of funds. new text end
new text begin
The adjutant general is authorized to sell
in the manner provided by law any or all timber on land acquired under the authority of
subdivision 1 or which may hereafter comprise the Camp Ripley Military Field Training
Center. The proceeds of any sales of timber under this subdivision must be deposited in an
account in the special revenue fund and are appropriated to the adjutant general to be used
to manage the timber resources of Camp Ripley in a manner consistent with the camp's
purpose as lands for training armed forces.
new text end
Sec. 8.
new text begin
[192.341] STATE ENHANCED EMPLOYER SUPPORT OF GUARD
AND RESERVE (ESGR) PROGRAM.
new text end
new text begin
The adjutant general is authorized to establish and administer a state enhancement
to the federal Employer Support of Guard and Reserve (ESGR) Program. The adjutant
general shall develop policy and guidelines for the administration of the program
established under this section.
new text end
Sec. 9.
Minnesota Statutes 2006, section 192.501, is amended by adding a subdivision
to read:
new text begin Subd. 1c. new text end
new text begin Medic recertification bonus program. new text end
new text begin
(a) The adjutant general
may establish a program to provide a recertification bonus to eligible members of the
Minnesota National Guard who recertify as emergency medical technicians (EMTs) in
the National Guard within the limitations of this subdivision. The bonus payments are
intended to generally encourage a member's continuing certification as an EMT.
new text end
new text begin
(b) Eligibility for the recertification bonus is limited to a member of the National
Guard who:
new text end
new text begin
(1) is serving satisfactorily as determined by the adjutant general; and
new text end
new text begin
(2) has successfully completed the training required for recertification and warrants
the payment of a bonus.
new text end
new text begin
(c) The adjutant general may, within the limitations of this subdivision and other
applicable laws, determine additional eligibility criteria for the bonus, and must specify all
of the criteria in regulations and publish changes as necessary.
new text end
new text begin
(d) Payments under this subdivision must be made on a schedule that is determined
and published in department regulations by the adjutant general.
new text end
Sec. 10. new text begin NATIONAL GUARD YOUTH CHALLENGE PROGRAM STUDY.
new text end
new text begin
The adjutant general shall study participation by the Minnesota National Guard in
the National Guard Youth Challenge Program promoted by the National Guard Youth
Foundation. The adjutant general shall report on the study and make recommendations to
the governor and the chairs and ranking minority members of the legislative committees
with jurisdiction over National Guard programs by January 15, 2009. The study must
include:
new text end
new text begin
(1) possible locations for the Minnesota National Guard Youth Challenge Program;
new text end
new text begin
(2) estimated start-up costs for the program;
new text end
new text begin
(3) application and establishment procedures and resources required to apply for
and establish the program; and
new text end
new text begin
(4) a survey of similar programs established in other states and how each state comes
up with the state match required to obtain federal funds.
new text end
ARTICLE 15
ECONOMIC DEVELOPMENT
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end
|
new text begin
2008 new text end |
new text begin
2009 new text end |
new text begin
Total new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
500,000 new text end |
new text begin
$ new text end |
new text begin
(2,908,000) new text end |
new text begin
$ new text end |
new text begin
(2,408,000) new text end |
Sec. 2. new text begin APPROPRIATIONS.
|
new text begin
The dollar amounts in the columns under "APPROPRIATIONS" are added to or,
if shown in parentheses, subtracted from the appropriations in Laws 2007, chapter 135,
or other law to the specified agencies. The appropriations are from the general fund, or
another named fund, and are available for the fiscal years indicated for each purpose. The
figures "2008" and "2009" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2008, or June 30, 2009, respectively.
"The first year" is fiscal year 2008. "The second year" is fiscal year 2009. "The biennium"
is fiscal years 2008 and 2009. Appropriations for the fiscal year ending June 30, 2008, are
effective the day following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|||||
Sec. 3. new text begin COMMERCE
|
||||||
|
new text begin
Transfers In new text end |
||||||
new text begin
The commissioner of finance shall transfer
$2,000,000 from the unencumbered balance
of the insurance fraud prevention account in
the special revenue fund to the general fund
by July 31, 2008.
new text end
new text begin
The commissioner of finance shall transfer
$25,000,000 from the balance in the workers'
compensation assigned risk plan to the
general fund by June 30, 2009.
new text end
new text begin
The commissioner of finance shall not make
any refunds for registration or notice filing
of securities under amended Minnesota
Statutes, section 80A.28, after July 1, 2007.
It is estimated the revenue to the general fund
for fiscal year 2008 and fiscal year 2009 will
total $20,500,000.
new text end
Sec. 4. new text begin EMPLOYMENT AND ECONOMIC
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(3,375,000) new text end |
||
new text begin
The appropriation additions or reductions
for each purpose are shown in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Business and Community
|
||||||
|
new text begin
(a) Minnesota Investment Fund new text end |
new text begin
(4,000,000) new text end |
|||||
new text begin
This reduction is from the appropriation in
Laws 2007, chapter 135, article 1, section
3, subdivision 2, paragraph (bb), for the
Minnesota investment fund program.
new text end
|
new text begin
(b) Major Economic Design Project new text end |
new text begin
100,000 new text end |
|||||
new text begin
To construct a major economic design
project to increase Minnesota's
competitiveness by expanding and
strengthening nanotechnology, which is a
core enabling technology.
new text end
new text begin
The major economic design project must:
new text end
new text begin
(1) ensure that the proposed focuses,
components, programs, and other elements
are well developed for industrial and
academic collaboration in commercialization
of intellectual property;
new text end
new text begin
(2) develop mechanisms for grant
management and coordination of
infrastructure;
new text end
new text begin
(3) interface with an emerging independently
funded economic impact analysis;
new text end
new text begin
(4) ensure that information regarding job
creation is leveraged;
new text end
new text begin
(5) interact with and learn from leading
science and technology economic
development initiatives in other states;
new text end
new text begin
(6) educate executive and legislative
branches of government and selected other
parties about the technological and economic
benefits of nanotechnology as an enabling
technology; and
new text end
new text begin
(7) develop at least a preliminary
implementation plan and timeline for
launching the major economic design project
to expand and strengthen Minnesota's
nanotechnology.
new text end
new text begin
This is a onetime appropriation and is
available until expended.
new text end
new text begin Subd. 3. new text end
new text begin
Workforce Development
|
new text begin
525,000 new text end |
|||||
new text begin
$75,000 is for a grant to Lifetrack Resources
for a onetime pilot project in Rochester
focusing on immigrant and refugee
collaborative programs, including those
related to job-seeking skills and workplace
orientation, intensive job development,
functional work English, and on-site job
coaching.
new text end
new text begin
$250,000 is a onetime appropriation for
transfer to the revolving loan account created
in Minnesota Statutes, section 116J.996,
subdivision 3, for the military reservist
economic injury loan program, resulting
from a call to active military duty.
new text end
new text begin
$200,000 is for a grant to HIRED to operate
its industry sector training initiatives, which
provide employee training developed in
collaboration with employers in specific,
high-demand industries. This appropriation
is added to the agency's budget base.
new text end
new text begin Subd. 4. new text end
new text begin
Cancellations
|
||||||
new text begin
By July 31, 2008, the commissioner of
finance shall cancel the unencumbered
balance of the appropriation in Laws 2005,
First Special Session chapter 3, article 10,
section 23, to the foreign trade zone authority,
estimated to be $608,000, to the general fund.
new text end
new text begin
By July 31, 2008, the commissioner of
finance shall cancel $500,000 of the balance
in the job skills partnership account to the
general fund.
new text end
new text begin Subd. 5. new text end
new text begin
Transfers In
|
||||||
new text begin
By July 31, 2008, the commissioner of
finance shall transfer the unencumbered
balance of the appropriation in Laws
2005, First Special Session chapter 1,
article 3, section 2, subdivision 2, for
the methamphetamine laboratory cleanup
revolving loan account in the public facilities
authority fund, estimated to be $150,000, to
the general fund.
new text end
new text begin
By July 31, 2008, the commissioner of
finance shall transfer $8,000,000 of the
unencumbered balance in the workforce
development fund to the general fund.
new text end
new text begin
By June 30, 2009, the commissioner of
finance shall transfer $2,700,000 of the
unencumbered balance in the Minnesota
investment revolving loan account in the
special revenue fund to the general fund.
new text end
Sec. 5. new text begin EXPLORE MINNESOTA TOURISM
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
2,150,000 new text end |
||
new text begin
$2,150,000 is for a grant to the Minnesota
Film and TV Board for the jobs production
program under Minnesota Statutes, section
116U.26. This is a onetime appropriation and
is in addition to any other appropriation for
the jobs program under Minnesota Statutes,
section 116U.26. This appropriation is
available until expended.
new text end
new text begin
$500,000 of the balance in the special
marketing account established pursuant to
Laws 2005, First Special Session chapter
1, article 3, section 6, must be used for a
onetime grant to the Minnesota Film and
TV Board for the filming of a movie in
Minnesota in calendar years 2008 and 2009.
The grant is in addition to any payments
made for the same purpose from the film
production jobs program under Minnesota
Statutes, section 116U.26. This appropriation
is available until expended.
new text end
Sec. 6. new text begin HOUSING FINANCE AGENCY
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(200,000) new text end |
||
new text begin
This is a onetime reduction.
new text end
Sec. 7. new text begin LABOR AND INDUSTRY
|
new text begin new text end | new text begin new text end | ||||
new text begin
By June 30, 2009, the commissioner of
finance shall transfer $4,000,000 from the
code consolidation fund to the general fund.
new text end
Sec. 8. new text begin MINNESOTA HISTORICAL
|
new text begin
$ new text end |
new text begin
500,000 new text end |
new text begin
$ new text end |
new text begin
(200,000) new text end |
||
new text begin
$500,000 is a onetime appropriation for the
Minnesota Sesquicentennial Commission.
The Minnesota Historical Society, the State
Arts Board, and Explore Minnesota Tourism
may assist the commission in designing
and implementing the grants program.
The commission shall encourage private
contributions to match the state money to the
greatest extent possible. Any gifts, pledges,
membership fees, or contributions received
by the commission are appropriated to the
commission. This appropriation is available
until June 30, 2009.
new text end
new text begin
$200,000 is a general reduction that
the society shall allocate among agency
operations.
new text end
Sec. 9. new text begin BOARD OF THE ARTS
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(175,000) new text end |
||
new text begin
This reduction is from the appropriation in
Laws 2007, chapter 135, article 1, section 10,
subdivision 3, for the grants program. This is
a onetime reduction.
new text end
Sec. 10.
Minnesota Statutes 2007 Supplement, section 80A.28, subdivision 1, is
amended to read:
Subdivision 1.
Registration or notice filing fee.
(a) There shall be a filing fee of
$100 for every application for registration or notice filing. There shall be an additional fee
of one-tenth of one percent of the maximum aggregate offering price at which the securities
are to be offered in this state, and the maximum combined fees shall not exceed $300.
(b) When an application for registration is withdrawn before the effective date or a
preeffective stop order is entered under section 80A.13, subdivision 1, all but the $100
filing fee shall be returned. If an application to register securities is denied, the total of all
fees received shall be retained.
(c) Where a filing is made in connection with a federal covered security under
section 18(b)(2) of the Securities Act of 1933, there is a fee of $100 for every initial filing.
If the filing is made in connection with redeemable securities issued by an open end
management company or unit investment trust, as defined in the Investment Company Act
of 1940, there is an additional annual fee of 1/20 of one percent of the maximum aggregate
offering price at which the securities are to be offered in this state during the notice filing
period. The fee must be paid at the time of the initial filing and thereafter in connection
with each renewal no later than July 1 of each year and must be sufficient to cover the
shares the issuer expects to sell in this state over the next 12 months. If during a current
notice filing the issuer determines it is likely to sell shares in excess of the shares for
which fees have been paid to the commissioner, the issuer shall submit an amended notice
filing to the commissioner under section 80A.122, subdivision 1, clause (3), together with
a fee of 1/20 of one percent of the maximum aggregate offering price of the additional
shares. Shares for which a fee has been paid, but which have not been sold at the time
of expiration of the notice filing, may not be sold unless an additional fee to cover the
shares has been paid to the commissioner as provided in this section and section 80A.122,
subdivision 4a. If the filing is made in connection with redeemable securities issued by
such a company or trust, there is no maximum fee for securities filings made according to
this paragraph. If the filing is made in connection with any other federal covered security
under Section 18(b)(2) of the Securities Act of 1933, there is an additional fee of one-tenth
of one percent of the maximum aggregate offering price at which the securities are to be
offered in this state, and the combined fees shall not exceed $300. Beginning with fiscal
year 2001 and continuing each fiscal year thereafter, as of the last day of each fiscal year,
the commissioner shall determine the total amount of all fees that were collected under
this paragraph in connection with any filings made for that fiscal year for securities of an
open-end investment company on behalf of a security that is a federal covered security
pursuant to section 18(b)(2) of the Securities Act of 1933. deleted text begin To the extent the total fees
collected by the commissioner in connection with these filings exceed $25,600,000 in a
fiscal year, the commissioner shall refund, on a pro rata basis, to all persons who paid any
fees for that fiscal year, the amount of fees collected by the commissioner in excess of
$25,600,000.deleted text end No individual refund is required of amounts of $100 or less for a fiscal year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Minnesota Statutes 2006, section 116J.423, is amended by adding a
subdivision to read:
new text begin Subd. 2a. new text end
new text begin Grants authorized. new text end
new text begin
Notwithstanding subdivision 2, the commissioner
may use money in the fund to make grants to a county, or to a county regional rail authority
as appropriate, for public infrastructure needed to support an eligible project under this
section. Grant money may be used by the county or regional rail authority to acquire
right-of-way and mitigate loss of wetlands and runoff of storm water; to predesign, design,
construct, and equip roads and rail lines; and, in cooperation with municipal utilities, to
predesign, design, construct, and equip natural gas pipelines, electric infrastructure, water
supply systems, and wastewater collection and treatment systems. Grants made under this
subdivision are available until expended.
new text end
Sec. 12.
new text begin
[116J.996] MILITARY RESERVIST ECONOMIC INJURY LOANS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) The definitions in this subdivision apply to this
section.
new text end
new text begin
(b) "Active service" has the meaning given in section 190.05.
new text end
new text begin
(c) "Commissioner" means the commissioner of employment and economic
development.
new text end
new text begin
(d) "Eligible business" means a small business, as defined in section 645.445, that
was operating in Minnesota on the date a military reservist received orders for active
service.
new text end
new text begin
(e) "Essential employee" means a military reservist who is an owner or employee
of an eligible business and whose managerial or technical expertise is critical to the
day-to-day operation of the eligible business.
new text end
new text begin
(f) "Military reservist" means a member of the reserve component of the armed
forces.
new text end
new text begin
(g) "Reserve component of the armed forces" has the meaning given it in United
States Code, title 10, section 101(c).
new text end
new text begin
(h) "Substantial economic injury" means an economic harm to an eligible business
that results in the inability of the eligible business to:
new text end
new text begin
(1) meet its obligations as they mature;
new text end
new text begin
(2) pay its ordinary and necessary operating expenses; or
new text end
new text begin
(3) manufacture, produce, market, or provide a product or service ordinarily
manufactured, produced, marketed, or provided by the eligible business.
new text end
new text begin Subd. 2. new text end
new text begin Loan program. new text end
new text begin
The commissioner may make onetime, interest-free loans
of up to $20,000 per borrower to eligible businesses that have sustained or are likely to
sustain substantial economic injury as a result of the call to active service for 180 days
or more of an essential employee. Loans must be made for the purpose of preventing,
remedying, or ameliorating the substantial economic injury.
new text end
new text begin Subd. 3. new text end
new text begin Revolving loan account. new text end
new text begin
The commissioner shall use money appropriated
for the purpose to establish a revolving loan account. All repayments of loans made
under this section must be deposited into this account. Interest earned on money in the
account accrues to the account. Money in the account is appropriated to the commissioner
for purposes of the loan program created in this section, including costs incurred by the
commissioner to establish and administer the program.
new text end
new text begin Subd. 4. new text end
new text begin Rules. new text end
new text begin
Using the expedited rulemaking procedures of section 14.389, the
commissioner shall develop and publish expedited rules for loan applications, use of
funds, needed collateral, terms of loans, and other details of military reservist economic
injury loans.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 13.
Minnesota Statutes 2006, section 116L.04, subdivision 1, is amended to read:
Subdivision 1.
Partnership program.
(a) The partnership program may provide
grants-in-aid to educational or other nonprofit educational institutions using the following
guidelines:
(1) the educational or other nonprofit educational institution is a provider of training
within the state in either the public or private sector;
(2) the program involves skills training that is an area of employment need; and
(3) preference will be given to educational or other nonprofit training institutions
which serve economically disadvantaged people, minorities, or those who are victims of
economic dislocation and to businesses located in rural areas.
(b) A single grant to any one institution shall not exceed $400,000. A portion of a
grant may be used for preemployment training.
new text begin
(c) Each institution must provide for the dissemination of summary results of a
grant-funded project, including, but not limited to, information about curriculum and
all supporting materials developed in conjunction with the grant. Results of projects
developed by any Minnesota State Colleges and Universities system institution must
be disseminated throughout the system.
new text end
Sec. 14.
Minnesota Statutes 2006, section 116L.05, subdivision 3, is amended to read:
Subd. 3.
Use of funds.
The Job Skills Partnership Board may use up to six percent
of any funds it receives, regardless of the source, for activities authorized under section
116L.04, subdivision 2. new text begin The board may also use a portion of these funds to collect and
disseminate information on the activities under section 116L.04, subdivision 2. The board
must plan for the statewide dissemination of the results, curriculum, and supporting
materials of these grant-funded projects.
new text end
Sec. 15.
Minnesota Statutes 2006, section 116L.05, subdivision 5, is amended to read:
Subd. 5.
Use of workforce development funds.
After March 1 of any fiscal year,
the board may use workforce development funds for the purposes outlined in sections
116L.04deleted text begin , 116L.06,deleted text end and 116L.10 to 116L.14, or to provide incumbent worker training
services under section 116L.18 if the following conditions have been met:
(1) the board examines relevant economic indicators, including the projected
number of layoffs for the remainder of the fiscal year and the next fiscal year, evidence of
declining and expanding industries, the number of initial applications for and the number
of exhaustions of unemployment benefits, job vacancy data, and any additional relevant
information brought to the board's attention;
(2) the board accounts for all allocations made in section 116L.17, subdivision 2;
(3) based on the past expenditures and projected revenue, the board estimates future
funding needs for services under section 116L.17 for the remainder of the current fiscal
year and the next fiscal year;
(4) the board determines there will be unspent funds after meeting the needs of
dislocated workers in the current fiscal year and there will be sufficient revenue to meet
the needs of dislocated workers in the next fiscal year; and
(5) the board reports its findings in clauses (1) to (4) to the chairs of legislative
committees with jurisdiction over the workforce development fund, to the commissioners
of revenue and finance, and to the public.
Sec. 16.
Minnesota Statutes 2006, section 116L.16, is amended to read:
116L.16 DISTANCE-WORK GRANTS.
The Job Skills Partnership Board may make grants-in-aid for distance-work
projects. The purpose of the grants is to promote distance-work projects involving
technology in rural areas and may include a consortium of organizations partnering
in the development of rural technology industry. Grants may be used to identify and
train rural workers in technology, act as a catalyst to bring together employers and rural
employees to perform distance work, and provide rural workers with physical connections
to telecommunications infrastructure, where necessary, in order to be self-employed or
employed from their homes or satellite offices. Grants must be made according to sections
116L.02 and 116L.04, except that:
(1) the business match may include, but is not limited to, office space;
additional management or technology staff costs; start-up equipment costs such as
telecommunications infrastructure, additional software, or computer upgrades; consulting
fees for implementation of distance-work policies or identification and skill assessment
of potential employees; and the joint financial contribution of two or more businesses
acting as a consortium;
(2) cash or in-kind contributions by partnering organizations may be used as a match;
(3) eligible grantees may be educational or nonprofit educational training
organizations;new text begin and
new text end
(4) deleted text begin grants-in-aid may be packaged with loans under section 116L.06, subdivision
6; anddeleted text end
deleted text begin (5)deleted text end with respect to grants serving as a catalyst to bring together employers and rural
employees to perform distance work, the match must be at least one-to-two.
The board shall, to the extent there are sufficient applications, make grant awards
to as many parts of the state as possible. Subject to the requirement for geographic
distribution of grants, preference shall be given to grant applications that provide the most
cost-effective training proposals, that provide the best prospects for high-paying jobs
with high retention rates, or that are from more economically distressed rural areas or
communities.
Grantees must meet reporting and evaluation requirements established by the board.
Sec. 17.
Minnesota Statutes 2007 Supplement, section 116L.17, subdivision 1, is
amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms
have the meanings given them in this subdivision.
(b) "Commissioner" means the commissioner of employment and economic
development.
(c) "Dislocated worker" means an individual who is a resident of Minnesota at the
time employment ceased or was working in the state at the time employment ceased and:
(1) has been permanently separated or has received a notice of permanent separation
from public or private sector employment and is eligible for or has exhausted entitlement
to unemployment benefits, and is unlikely to return to the previous industry or occupation;
(2) has been long-term unemployed and has limited opportunities for employment
or reemployment in the same or a similar occupation in the area in which the individual
resides, including older individuals who may have substantial barriers to employment by
reason of age;
(3) has been terminated or has received a notice of termination of employment as a
result of a plant closing or a substantial layoff at a plant, facility, or enterprise;
(4) has been self-employed, including farmers and ranchers, and is unemployed as a
result of general economic conditions in the community in which the individual resides
or because of natural disasters;
(5) has been permanently separated from employment in a restaurant, bar, or
lawful gambling organization from October 1, 2007, to October 1, 2009, due to the
implementation of any state law prohibiting smoking; deleted text begin ordeleted text end
new text begin
(6) is a veteran as defined by section 197.447, has been discharged or released from
active duty under honorable conditions within the last 36 months, and (i) is unemployed or
(ii) is employed in a job which pays less than what the veteran could verifiably earn; or
new text end
deleted text begin (6)deleted text end new text begin (7) new text end is a displaced homemaker. A "displaced homemaker" is an individual who
has spent a substantial number of years in the home providing homemaking service and
(i) has been dependent upon the financial support of another; and now due to divorce,
separation, death, or disability of that person, must find employment to self support; or (ii)
derived the substantial share of support from public assistance on account of dependents
in the home and no longer receives such support.
To be eligible under this clause, the support must have ceased while the worker
resided in Minnesota.
(d) "Eligible organization" means a state or local government unit, nonprofit
organization, community action agency, business organization or association, or labor
organization.
(e) "Plant closing" means the announced or actual permanent shutdown of a single
site of employment, or one or more facilities or operating units within a single site of
employment.
(f) "Substantial layoff" means a permanent reduction in the workforce, which is
not a result of a plant closing, and which results in an employment loss at a single site
of employment during any 30-day period for at least 50 employees excluding those
employees that work less than 20 hours per week.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Minnesota Statutes 2006, section 116L.20, subdivision 2, is amended to read:
Subd. 2.
Disbursement of special assessment funds.
(a) The money collected
under this section shall be deposited in the state treasury and credited to the workforce
development fund to provide for employment and training programs. The workforce
development fund is created as a special account in the state treasury.
(b) All money in the fund not otherwise appropriated or transferred is appropriated
to the Job Skills Partnership Board for the purposes of section 116L.17 and as provided for
in paragraph (d). The board must act as the fiscal agent for the money and must disburse
that money for the purposes of section 116L.17, not allowing the money to be used for
any other obligation of the state. All money in the workforce development fund shall be
deposited, administered, and disbursed in the same manner and under the same conditions
and requirements as are provided by law for the other special accounts in the state treasury,
except that all interest or net income resulting from the investment or deposit of money in
the fund shall accrue to the fund for the purposes of the fund.
(c) Reimbursement for costs related to collection of the special assessment shall be
in an amount negotiated between the commissioner and the United States Department
of Labor.
(d) If the board determines that the conditions of section 116L.05, subdivision 5,
have been met, the board may use funds for the purposes outlined in sections 116L.04deleted text begin ,
116L.06,deleted text end and 116L.10 to 116L.14, or to provide incumbent worker training services under
section 116L.18.
Sec. 19.
Minnesota Statutes 2006, section 116U.26, is amended to read:
116U.26 FILM JOBS PRODUCTION PROGRAM.
(a) The film production jobs program is created. The program shall be operated
by the Minnesota Film and TV Board with administrative oversight and control by the
director of Explore Minnesota Tourism. The program shall make payment to producers of
feature films, national television programs, documentaries, music videos, and commercials
that directly create new film jobs in Minnesota. To be eligible for a payment, a producer
must submit documentation to the Minnesota Film and TV Board of expenditures for
production costs incurred in Minnesota that are directly attributable to the production
in Minnesota of a film product.
The Minnesota Film and TV Board shall make recommendations to the director of
Explore Minnesota Tourism about program payment, but the director has the authority to
make the final determination on payments. The director's determination must be based
on proper documentation of eligible production costs submitted for payments. No more
than five percent of the funds appropriated for the program in any year may be expended
for administration.
(b) For the purposes of this section:
(1) "production costs" means the cost of the following:
(i) a story and scenario to be used for a film;
(ii) salaries of talent, management, and labor, including payments to personal
services corporations for the services of a performing artist;
(iii) set construction and operations, wardrobe, accessories, and related services;
(iv) photography, sound synchronization, lighting, and related services;
(v) editing and related services;
(vi) rental of facilities and equipment; or
(vii) other direct costs of producing the film in accordance with generally accepted
entertainment industry practice; and
(2) "film" means a movie, television show, documentary, music video, or television
commercial, whether on film or video. Film does not include news, current events, public
programming, or a program that includes weather or market reports; a talk show; a
production with respect to a questionnaire or contest; a sports event or sports activity; a
gala presentation or awards show; a finished production that solicits funds; or a production
for which the production company is required under United States Code, title 18, section
2257, to maintain records with respect to a performer portrayed in a single-media or
multimedia program.
new text begin
(c) Notwithstanding any other law to the contrary, the Minnesota Film and TV Board
may make reimbursements of up to 20 percent of film production costs for films that incur
production costs in excess of $5,000,000 in Minnesota within a 12-month period.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for films that are certified by the
Minnesota Film and TV Board on or after the day following final enactment.
new text end
Sec. 20.
Minnesota Statutes 2006, section 298.2214, subdivision 1, is amended to read:
Subdivision 1.
Creation of committee; purpose.
A committee is created to advise
the deleted text begin commissioner of Iron Range resources and rehabilitationdeleted text end new text begin Iron Range Resources and
Rehabilitation Boardnew text end on providing higher education programs in the taconite assistance
area defined in section 273.1341. The committee is subject to section 15.059.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
Minnesota Statutes 2006, section 298.2214, subdivision 2, as amended by
Laws 2008, chapter 154, article 8, section 4, is amended to read:
Subd. 2.
Iron Range Higher Education Committee; membership.
The members
of the committee shall consist of:
(1) one member appointed by the governor;
(2) one member appointed by the president of the University of Minnesota;
(3) four members of the Iron Range Resources and Rehabilitation Board appointed
by the chair;
(4) deleted text begin the commissioner of Iron Range resources and rehabilitationdeleted text end new text begin one member
appointed by the chancellor of the Minnesota State Colleges and Universitiesnew text end ; and
(5) the president of the Northeast Higher Education District or its successor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22.
Minnesota Statutes 2006, section 298.223, subdivision 2, is amended to read:
Subd. 2.
Administration.
new text begin (a) new text end The taconite area environmental protection fund shall
be administered by the commissioner of the Iron Range Resources and Rehabilitation
Board. The commissioner shall by September 1 of each year submit to the board a list
of projects to be funded from the taconite area environmental protection fund, with such
supporting information including description of the projects, plans, and cost estimates as
may be necessary.
new text begin
(b) Each year no less than one-half of the amounts deposited into the taconite
environmental protection fund must be used for public works projects, including
construction of sewer and water systems, as specified under subdivision 1, paragraph (c).
The Iron Range Resources and Rehabilitation Board with a majority vote of the members,
may waive the requirements of this paragraph.
new text end
new text begin (c) new text end Upon approval by a majority of the members of the Iron Range Resources and
Rehabilitation Board, deleted text begin thisdeleted text end new text begin the new text end listnew text begin of projects approved under this subdivisionnew text end shall be
submitted to the governor by November 1 of each year. By December 1 of each year, the
governor shall approve or disapprove, or return for further consideration, each project.
Funds for a project may be expended only upon approval of the project by the board and
governor. The commissioner may submit supplemental projects to the board and governor
for approval at any time.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for distributions beginning in 2009.
new text end
Sec. 23.
Minnesota Statutes 2007 Supplement, section 298.227, is amended to read:
298.227 TACONITE ECONOMIC DEVELOPMENT FUND.
new text begin For distributions prior to January 1, 2009, new text end an amount equal to that distributed
pursuant to each taconite producer's taxable production and qualifying sales under section
298.28, subdivision 9a, shall be held by the Iron Range Resources and Rehabilitation
Board in a separate taconite economic development fund for each taconite and direct
reduced ore producer. Money from the fund for each producer shall be released by
the commissioner after review by a joint committee consisting of an equal number of
representatives of the salaried employees and the nonsalaried production and maintenance
employees of that producer. The District 11 director of the United States Steelworkers of
America, on advice of each local employee president, shall select the employee members.
In nonorganized operations, the employee committee shall be elected by the nonsalaried
production and maintenance employees. The review must be completed no later than
six months after the producer presents a proposal for expenditure of the funds to the
committee. The funds held pursuant to this section may be released only for acquisition
of plant and stationary mining equipment and facilities for the producer or for research
and development in Minnesota on new mining, or taconite, iron, or steel production
technology, but only if the producer provides a matching expenditure to be used for
the same purpose of at least 50 percent of the distribution based on 14.7 cents per ton
beginning with distributions in 2002. Effective for proposals for expenditures of money
from the fund beginning May 26, 2007, the commissioner may not release the funds before
the next scheduled meeting of the board. If the board rejects a proposed expenditure, the
funds must be deposited in the Taconite Environmental Protection Fund under sections
298.222 to 298.225. If a producer uses money which has been released from the fund
prior to May 26, 2007 to procure haulage trucks, mobile equipment, or mining shovels,
and the producer removes the piece of equipment from the taconite tax relief area defined
in section 273.134 within ten years from the date of receipt of the money from the fund,
a portion of the money granted from the fund must be repaid to the taconite economic
development fund. The portion of the money to be repaid is 100 percent of the grant if the
equipment is removed from the taconite tax relief area within 12 months after receipt of
the money from the fund, declining by ten percent for each of the subsequent nine years
during which the equipment remains within the taconite tax relief area. If a taconite
production facility is sold after operations at the facility had ceased, any money remaining
in the fund for the former producer may be released to the purchaser of the facility on
the terms otherwise applicable to the former producer under this section. If a producer
fails to provide matching funds for a proposed expenditure within six months after the
commissioner approves release of the funds, the funds are available for release to another
producer in proportion to the distribution provided and under the conditions of this section.
Any portion of the fund which is not released by the commissioner within two years of its
deposit in the fund shall be divided between the taconite environmental protection fund
created in section 298.223 and the Douglas J. Johnson economic protection trust fund
created in section 298.292 for placement in their respective special accounts. Two-thirds
of the unreleased funds shall be distributed to the taconite environmental protection fund
and one-third to the Douglas J. Johnson economic protection trust fund.
Sec. 24.
Minnesota Statutes 2006, section 298.292, subdivision 2, as amended by Laws
2008, chapter 154, article 8, section 11, is amended to read:
Subd. 2.
Use of money.
Money in the Douglas J. Johnson economic protection trust
fund may be used for the following purposes:
(1) to provide loans, loan guarantees, interest buy-downs and other forms of
participation with private sources of financing, but a loan to a private enterprise shall be
for a principal amount not to exceed one-half of the cost of the project for which financing
is sought, and the rate of interest on a loan to a private enterprise shall be no less than the
lesser of eight percent or an interest rate three percentage points less than a full faith
and credit obligation of the United States government of comparable maturity, at the
time that the loan is approved;
(2) to fund reserve accounts established to secure the payment when due of the
principal of and interest on bonds issued pursuant to section 298.2211;
(3) to pay in periodic payments or in a lump sum payment any or all of the interest
on bonds issued pursuant to chapter 474 for the purpose of constructing, converting,
or retrofitting heating facilities in connection with district heating systems or systems
utilizing alternative energy sources;
(4) to invest in a venture capital fund or enterprise that will provide capital to other
entities that are engaging in, or that will engage in, projects or programs that have the
purposes set forth in subdivision 1. No investments may be made in a venture capital fund
or enterprise unless at least two other unrelated investors make investments of at least
$500,000 in the venture capital fund or enterprise, and the investment by the Douglas
J. Johnson economic protection trust fund may not exceed the amount of the largest
investment by an unrelated investor in the venture capital fund or enterprise. For purposes
of this subdivision, an "unrelated investor" is a person or entity that is not related to
the entity in which the investment is made or to any individual who owns more than 40
percent of the value of the entity, in any of the following relationships: spouse, parent,
child, sibling, employee, or owner of an interest in the entity that exceeds ten percent of
the value of all interests in it. For purposes of determining the limitations under this
clause, the amount of investments made by an investor other than the Douglas J. Johnson
economic protection trust fund is the sum of all investments made in the venture capital
fund or enterprise during the period beginning one year before the date of the investment
by the Douglas J. Johnson economic protection trust fund; and
(5) to purchase forest land in the taconite assistance area defined in section 273.1341
to be held and managed as a public trust for the benefit of the area for the purposes
authorized in section 298.22, subdivision 5a.new text begin Property purchased under this section may
be sold upon approval by a majority vote of the board. The net proceeds must be deposited
in the trust fund for the purposes and uses of this section.
new text end
Money from the trust fund shall be expended only in or for the benefit of the taconite
assistance area defined in section 273.1341.
Sec. 25.
Minnesota Statutes 2006, section 298.2961, subdivision 2, is amended to read:
Subd. 2.
Projects; approval.
(a) Projects funded must be for:
(1) environmentally unique reclamation projects;new text begin or
new text end
(2) pit or plant repairs, expansions, or modernizations other than for a value added
iron products plantdeleted text begin ; or
deleted text end
deleted text begin (3) haulage trucks and equipment and mining shovelsdeleted text end .
(b) To be proposed by the board, a project must be approved by at least eight Iron
Range Resources and Rehabilitation Board members. The money for a project may
be spent only upon approval of the project by the governor. The board may submit
supplemental projects for approval at any time.
(c) The board may require that it receive an equity percentage in any project to
which it contributes under this section.
Sec. 26.
Minnesota Statutes 2007 Supplement, section 446A.072, subdivision 3,
is amended to read:
Subd. 3.
Program administration.
(a) The authority shall provide supplemental
assistance, as provided in subdivision 5a to governmental units:
(1) whose projects are listed on the Pollution Control Agency's project priority list;
(2) that demonstrate their projects are a cost-effective solution to an existing
environmental or public health problem; and
(3) whose projects are approved by the USDA/RECD or certified by the
commissioner of the Pollution Control Agency.
(b) For a governmental unit receiving grant funding from the USDA/RECD,
applications must be made to the USDA/RECD with additional information submitted to
the authority as required by the authority. Eligible project costs and affordability criteria
shall be determined by the USDA/RECD.
(c) For a governmental unit not receiving grant funding from the USDA/RECD,
application must be made to the authority on forms prescribed by the authority for the
clean water revolving fund program with additional information as required by the
authority. In accordance with section 116.182, the Pollution Control Agency shall:
(1) calculate the essential project component percentage which must be multiplied
by the total project cost to determine the eligible project cost; and
(2) review and certify approved projects to the authority.
(d) deleted text begin At the time funds are appropriated under this section,deleted text end new text begin Each fiscal year the
authority shall make funds available for projects based on their ranking on the Pollution
Control Agency's project priority list.new text end The authority shall reserve deleted text begin supplemental assistancedeleted text end
new text begin funds new text end for deleted text begin projects in order of their rankings on the Pollution Control Agency's project
priority list anddeleted text end new text begin a project when the applicant receives a funding commitment from the
United States Department of Agriculture Rural Development (USDA/RECD) or submits
plans and specifications to the Pollution Control Agency. Funds must be reservednew text end in an
amount based on deleted text begin their most recentdeleted text end new text begin the projectnew text end cost deleted text begin estimatesdeleted text end new text begin estimatenew text end submitted to the
authority deleted text begin ordeleted text end new text begin prior to the appropriation of the funds and awarded in the amount reserved
or an amount based on new text end the as-bid costs, whichever is less.
Sec. 27.
Minnesota Statutes 2007 Supplement, section 446A.072, subdivision 5a,
is amended to read:
Subd. 5a.
Type and amount of assistance.
(a) For a governmental unit receiving
grant funding from the USDA/RECD, the authority shall provide assistance in the form
of a grant of up to deleted text begin one-halfdeleted text end new text begin 65 percentnew text end of the eligible grant deleted text begin amountdeleted text end new text begin neednew text end determined by
USDA/RECD. A governmental unit may not receive a grant under this paragraph for more
than $4,000,000 or $15,000 per existing connection, whichever is less, unless specifically
approved by law. In the case of a sanitary district or other multijurisdictional project for
which the USDA/RECD is unable to fully fund deleted text begin up to one-halfdeleted text end new text begin its sharenew text end of the eligible grant
deleted text begin amountdeleted text end new text begin neednew text end , the authority may provide up to an additional $1,000,000 for each additional
governmental unit participating up to a maximum of $8,000,000 or $15,000 per existing
connection, whichever is less, but not to exceed the maximum grant level determined by
the USDA/RECD as needed to keep the project affordable.
(b) For a governmental unit not receiving grant funding from the USDA/RECD,
the authority shall provide assistance in the form of a loan for the eligible project costs
new text begin plus the outstanding balance on any existing wastewater system debt new text end that new text begin together new text end exceed
five percent of the market value of properties in the project service area, less the amount of
any other grant funding received by the governmental unit for the project. A governmental
unit may not receive a loan under this paragraph for more than $4,000,000 or $15,000 per
existing connection, whichever is less, unless specifically approved by law. In the case of
a sanitary district or other multijurisdictional project, the authority may provide a loan
under this paragraph for up to an additional $1,000,000 for each additional municipality
participating up to a maximum of $8,000,000 or $15,000 per existing connection,
whichever is less, unless specifically approved by law. A loan under this paragraph must
bear no interest, must be repaid as provided in subdivision 7, and must only be provided in
conjunction with a loan from the clean water revolving fund under section 446A.07.
(c) Notwithstanding the limits in paragraphs (a) and (b), for a governmental unit
receiving supplemental assistance under this section after January 1, 2002, if the authority
determines that the governmental unit's construction and installation costs are significantly
increased due to geological conditions of crystalline bedrock or karst areas and discharge
limits that are more stringent than secondary treatment, the authority shall provide
assistance in the form of half grant and half loan. Assistance from the authority may not
be more than $25,000 per existing connection. Any additional grant amount received for
the same project must be used to reduce the amount of the governmental unit's loan from
the new text begin clean new text end water deleted text begin pollution controldeleted text end revolving fund that exceeds five percent of the market
value of properties in the project service area.
Sec. 28.
Minnesota Statutes 2007 Supplement, section 446A.086, is amended to read:
446A.086 STATE MAY GUARANTEE deleted text begin COUNTYdeleted text end new text begin GOVERNMENTAL UNITnew text end
BUILDING DEBT; REPAYMENT.
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have
the meanings given.
(b) "Authority" means the Minnesota Public Facilities Authority.
(c) "Commissioner" means the commissioner of finance.
(d) "Debt obligation" meansnew text begin :new text end
new text begin (1) new text end a general obligation bond issued by a county, a bond to which the general
obligation of a county is pledged under section 469.034, subdivision 2, or a bond payable
from a county lease obligation under section 641.24, to provide funds for the construction
of:
deleted text begin (1)deleted text end new text begin (i)new text end jails;
deleted text begin (2)deleted text end new text begin (ii)new text end correctional facilities;
deleted text begin (3)deleted text end new text begin (iii)new text end law enforcement facilities;
deleted text begin (4)deleted text end new text begin (iv)new text end social services and human services facilities;
deleted text begin (5)deleted text end new text begin (v)new text end solid waste facilities; or
deleted text begin (6)deleted text end new text begin (vi)new text end qualified housing development projects as defined in section 469.034,
subdivision 2new text begin ; or
new text end
new text begin (2) a general obligation bond issued by a governmental unit and acquired under the
credit enhanced bond program established under section 446A.087new text end .
Subd. 2.
Application.
(a) This section provides a state guarantee of the payment of
principal and interest on debt obligations if:
(1) the obligations are issued after June 30, 2000;
(2) application to the Public Facilities Authority is made before issuance; and
(3) the obligations are covered by an agreement meeting the requirements of
subdivision 3.
(b) Applications to be covered by the provisions of this section must be made in a
form and contain the information prescribed by the authority. Applications are subject to a
fee of $500 for deleted text begin the firstdeleted text end new text begin eachnew text end bond issue requested by the county deleted text begin and $250 for each bond
issue thereafterdeleted text end new text begin or applicable fees under section 446A.087new text end .
(c) Application fees paid under this section must be deposited in a separate deleted text begin countydeleted text end new text begin
credit enhancementnew text end bond guarantee account in the general fund. Money in the deleted text begin countydeleted text end new text begin
credit enhancementnew text end bond guarantee account is appropriated to the authority for purposes
of administering this section.
(d) Neither the authority nor the commissioner is required to promulgate
administrative rules under this section and the procedures and requirements established by
the authority or commissioner under this section are not subject to chapter 14.
Subd. 3.
Agreement.
(a) For specified debt obligations deleted text begin of a countydeleted text end to be covered
by this section, the deleted text begin countydeleted text end new text begin governmental unitnew text end must enter an agreement with the authority
obligating the deleted text begin countydeleted text end new text begin governmental unitnew text end to be bound by this section.
(b) This agreement must be in a form prescribed by the authority and contain any
provisions required by the authority, including, at least, an obligation to:
(1) deposit with the paying agent three days before the date on which the payment is
due an amount sufficient to make that paymentnew text begin or ten days prior to the date a payment is
due on revenue bonds issued by the authority under section 446A.087new text end ;
(2) notify the authority, if the deleted text begin countydeleted text end new text begin governmental unitnew text end will be unable to make all
or a portion of the payment; and
(3) include a provision in the bond resolution and county's agreement with the paying
agent for the debt obligation that requires the paying agent to inform the commissioner if
it becomes aware of a default or potential default in the payment of principal or interest
on that issue or if, on the day two business days before the date a payment is due on that
issue, there are insufficient funds to make the payment on deposit with the paying agent.
(c) Funds invested in a refunding escrow account established under section 475.67
that are to become available to the paying agent on a principal or interest payment date are
deemed to be on deposit with the paying agent three business days before the payment date.
(d) The provisions of an agreement under this subdivision are binding as to an issue
as long as any debt obligation of the issue remains outstanding.
(e) This section and the obligations of the state under this section are not a public debt
of the state under article XI, section 4, of the Minnesota Constitution, and the legislature
may, at any time, choose not to appropriate amounts under subdivision 4, paragraph (b).
Subd. 4.
Notifications; payment; appropriation.
(a) After receipt of a notice of a
default or potential default in payment of principal or interest in debt obligations covered
by this section or an agreement under this section, and after consultation with the deleted text begin county,deleted text end new text begin
governmental unit andnew text end the paying agent, and after verification of the accuracy of the
information provided, the authority shall notify the commissioner of the potential default.
The notice must include a final figure as to the amount due that the deleted text begin countydeleted text end new text begin governmental
unitnew text end will be unable to repay on the date due.
(b) Upon receipt of this notice from the authority, the commissioner shall issue a
warrant and authorize the authority to pay to the new text begin bond holders or new text end paying agent for the
debt obligation the specified amount on or before the date due. The amounts needed
for the purposes of this subdivision are annually appropriated to the authority from the
general fund.
Subd. 5.
Interest on state paid amount.
If the state has paid part or all of the
principal or interest due on a deleted text begin county'sdeleted text end debt obligation, the amount paid bears interest
from the date paid by the state until the date of repayment. The interest rate is the
commissioner's invested cash rate as it is certified by the commissioner. Interest only
accrues on the amounts paid and outstanding less the reduction in aid under subdivision 7
and other payments received from the deleted text begin countydeleted text end new text begin governmental unitnew text end .
Subd. 6.
Pledge of deleted text begin county'sdeleted text end new text begin governmental unit'snew text end full faith and credit.
If the
state has paid part or all of the principal or interest due on a deleted text begin county'sdeleted text end debt obligation,
the deleted text begin county'sdeleted text end new text begin governmental unit'snew text end pledge of its full faith and credit and unlimited taxing
powers to repay the principal and interest due on those debt obligations becomes, without
an election or the requirement of a further authorization, a pledge of the full faith and
credit and unlimited taxing powers of the deleted text begin countydeleted text end new text begin governmental unitnew text end to repay to the state
the amount paid, with interest. Amounts paid by the state must be repaid in the order
in which the state payments were made.
Subd. 7.
Aid reduction for repayment.
(a) Except as provided in paragraph (b),
the commissioner may reduce, by the amount paid by the state under this section on behalf
of the deleted text begin countydeleted text end new text begin governmental unitnew text end , plus the interest due on the state payments, the deleted text begin county
programdeleted text end new text begin local governmentnew text end aid under deleted text begin section 477A.0124deleted text end new text begin chapter 477Anew text end . The amount of any
aid reduction reverts from the appropriate account to the state general fund.
(b) If, after review of the financial situation of the deleted text begin countydeleted text end new text begin governmental unitnew text end , the
authority advises the commissioner that a total reduction of the aids would cause an
undue hardship on the deleted text begin countydeleted text end new text begin governmental unitnew text end , the authority, with the approval of the
commissioner, may establish a different schedule for reduction of aids to repay the state.
The amount of aids to be reduced are decreased by any amounts repaid to the state by the
deleted text begin countydeleted text end new text begin governmental unitnew text end from other revenue sources.
Subd. 8.
Tax levy for repayment.
(a) With the approval of the authority, a deleted text begin countydeleted text end new text begin
governmental unitnew text end may levy in the year the state makes a payment under this section an
amount up to the amount necessary to provide funds for the repayment of the amount
paid by the state plus interest through the date of estimated repayment by the deleted text begin countydeleted text end new text begin
governmental unitnew text end . The proceeds of this levy may be used only for this purpose unless
they exceed the amount actually due. Any excess must be used to repay other state
payments made under this section or must be deposited in the debt redemption fund of
the deleted text begin countydeleted text end new text begin governmental unitnew text end . The amount of aids to be reduced to repay the state are
decreased by the amount levied.
(b) If the state is not repaid in full for a payment made under this section by
November 30 of the calendar year following the year in which the state makes the
payment, the authority shall require the deleted text begin countydeleted text end new text begin governmental unitnew text end to certify a property
tax levy in an amount up to the amount necessary to provide funds for repayment of the
amount paid by the state plus interest through the date of estimated repayment by the
deleted text begin countydeleted text end new text begin governmental unitnew text end . To prevent undue hardship, the authority may allow the deleted text begin countydeleted text end new text begin
governmental unitnew text end to certify the levy over a five-year period. The proceeds of the levy
may be used only for this purpose unless they are in excess of the amount actually due, in
which case the excess must be used to repay other state payments made under this section
or must be deposited in the debt redemption fund of the deleted text begin countydeleted text end new text begin governmental unitnew text end . If the
authority orders the deleted text begin countydeleted text end new text begin governmental unitnew text end to levy, the amount of aids reduced to repay
the state are decreased by the amount levied.
(c) A levy under this subdivision is an increase in the levy limits of the deleted text begin countydeleted text end new text begin
governmental unitnew text end for purposes of section 275.065, subdivision 6, and must be explained
as a specific increase at the meeting required under that provision.
Subd. 9.
Mandatory plan; technical assistance.
If the state makes payments on
behalf of a deleted text begin countydeleted text end new text begin governmental unitnew text end under this section or the deleted text begin countydeleted text end new text begin governmental unitnew text end
defaults in the payment of principal or interest on an outstanding debt obligation, it must
submit a plan to the authority for approval specifying the measures it intends to implement
to resolve the issues which led to its inability to make the payment and to prevent
further defaults. If the authority determines that a deleted text begin county'sdeleted text end new text begin governmental unit'snew text end plan is
not adequate, the authority shall notify the deleted text begin countydeleted text end new text begin governmental unitnew text end that the plan has
been disapproved, the reasons for the disapproval, and that the state will not make future
payments under this section for debt obligations of the affected deleted text begin countydeleted text end new text begin governmental unitnew text end
issued after the date specified in that notice until its plan is approved. The authority may
also notify the deleted text begin countydeleted text end new text begin governmental unitnew text end that until its plan is approved, aids due the deleted text begin countydeleted text end new text begin
governmental unitnew text end will be withheld after a date specified in the notice.
Subd. 10.
Continuing disclosure agreements.
The authority may enter into written
agreements or contracts relating to the continuing disclosure of information needed to
facilitate the ability of deleted text begin countiesdeleted text end new text begin governmental unitsnew text end to issue debt obligations according
to federal securities laws, rules, and regulations, including securities and exchange
commission rules and regulations, section 240.15c2-12. The agreements or contracts may
be in any form the authority deems reasonable and in the state's best interests.
Sec. 29.
new text begin
[446A.087] CREDIT ENHANCED BOND PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment of program. new text end
new text begin
A credit enhanced bond program is
established for the purposes set forth in subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Purpose. new text end
new text begin
The purpose of the credit enhanced bond program is to
provide loans to governmental units through the purchase of general obligation bonds
of governmental units issued to finance all or a portion of the costs of a project. The
program shall include providing credit enhancement to the general obligation bonds of the
governmental unit through the guarantee program as provided in section 446A.086. The
authority shall obtain funds to make the loans authorized pursuant to this section through
the issuance of its revenue bonds payable from loan repayments pledged to the bonds, and
such other sources and security as are specifically pledged by the authority.
new text end
new text begin Subd. 3. new text end
new text begin Definitions. new text end
new text begin
(a) Terms used in this section have the meanings given to
them in this subdivision.
new text end
new text begin
(b) "Applicant" means any governmental unit applying to the authority for a loan
pursuant to this section.
new text end
new text begin
(c) "Borrower" means any governmental unit that has entered into a commitment
for the sale of its general obligation bonds to the authority pursuant to this section and
subsequently sells its general obligation bonds to the authority and enters into a regulatory
agreement.
new text end
new text begin
(d) "Commitment" means a written agreement between a governmental unit and the
authority obligating the governmental unit to deliver its general obligation bonds to the
authority on a date in the future evidencing a loan pursuant to this section and to enter
into a regulatory agreement with the authority, all upon the terms and conditions set
forth in the commitment.
new text end
new text begin
(e) "Eligible cost" means any cost of a project authorized by law to be financed from
the proceeds of general obligation bonds of a governmental unit.
new text end
new text begin
(f) "General obligation bonds" means bonds or notes secured by the full faith and
credit and unlimited taxing powers of a governmental unit.
new text end
new text begin
(g) "Project" means the construction, improvement, or rehabilitation of:
new text end
new text begin
(1) wastewater facilities;
new text end
new text begin
(2) drinking water facilities;
new text end
new text begin
(3) storm water facilities;
new text end
new text begin
(4) streets, street lighting, curbs, gutters, and sidewalks;
new text end
new text begin
(5) energy conservation or alternative energy sources for use in public buildings or
facilities;
new text end
new text begin
(6) telecommunications facilities;
new text end
new text begin
(7) public safety buildings including those providing police and fire protection; or
new text end
new text begin
(8) any publicly owned building or infrastructure improvement that has received
partial funding from grants awarded by the commissioner of employment and economic
development related to redevelopment, contaminated site cleanup, bioscience, small cities
development programs, and rural business infrastructure programs.
new text end
new text begin
(h) "Regulatory agreement" means a written agreement entered into by the authority
and a borrower in connection with the purchase of the borrower's general obligation bonds
by the authority pursuant to this section.
new text end
new text begin Subd. 4. new text end
new text begin Establishment of fund and accounts. new text end
new text begin
A credit enhancement bond
program fund is established for the purposes described in subdivision 2. Other accounts
may be established in the fund as necessary for its management and administration.
Money in the fund is annually appropriated to the authority and does not lapse. The fund
must be credited with investment income, and with repayments of principal and interest,
except for fees assessed under section 446A.04, subdivisions 5 and 15.
new text end
new text begin Subd. 5. new text end
new text begin Management of fund and accounts. new text end
new text begin
The authority shall manage and
administer the credit enhancement bond program fund and individual accounts in the fund.
For those purposes, the authority may exercise all powers provided in this chapter.
new text end
new text begin Subd. 6. new text end
new text begin Applications. new text end
new text begin
(a) Applicants for participation in the credit enhancement
bond program must submit an application to the authority on forms prescribed by the
authority. The applicant shall provide information customary to that needed for the
disclosure purposes in issuing general obligation bonds in the market, in addition to the
following information:
new text end
new text begin
(1) the total estimated cost of the project and the amount of general obligation
bond proceeds sought;
new text end
new text begin
(2) other sources of funding if the general obligation bond proceeds do not cover
the entire costs identified;
new text end
new text begin
(3) the proposed sources of funds to be used for repayment of the general obligation
bonds;
new text end
new text begin
(4) information showing the applicant's financial status and ability of the applicant
to repay loans;
new text end
new text begin
(5) the proposed term and principal repayment schedule for the general obligation
bonds of the applicant; and
new text end
new text begin
(6) the statutory authorization for the applicant to issue such general obligation
bonds, together with a statement that the statutory provision authorizes the use of proceeds
of such general obligation bonds to pay the costs of a project.
new text end
new text begin
(b) The authority may establish deadlines or time periods for the submission of
applications to facilitate funding loans from the proceeds of a specific bond issue proposed
or previously issued by the authority, or the authority may accept applications from time
to time.
new text end
new text begin
(c) Each application must be complete and accurate to be considered delivered to
and received by the authority or to be considered as having met any deadline established
by the authority with respect to an application period. If any application is determined by
the authority to be incomplete or inaccurate, the authority shall notify the applicant and
specify the missing or inaccurate information.
new text end
new text begin
(d) The executive director and the staff of the authority shall evaluate the applications
to determine if the application should be accepted or rejected by the authority.
new text end
new text begin
(e) The authority is not obligated to accept any application including those complete
and accurate and submitted by any specified deadline for submission if the authority
determines that it is not practicable to fund the loan for any reason including, but not
limited to, the creditworthiness of the applicant, the proposed loan amount, the term
and repayment schedule, the sources of funding available to the authority, and current
market conditions. Upon acceptance and approval of an application by the authority, the
authority may require that the applicant authorize, execute, and deliver a commitment to
the authority within such time period specified by the authority in its acceptance of the
application. The authority may reject an approved application for failure by the applicant
to authorize, execute, and deliver a commitment by the specified deadline.
new text end
new text begin Subd. 7. new text end
new text begin Loan terms and conditions. new text end
new text begin
(a) The terms and conditions of loans
provided by the authority pursuant to the credit enhanced bond program are as provided
by this section, any applicable bond resolution or series bond resolution of the authority,
any trust indenture pursuant to which any series of bonds of the authority are issued,
the regulatory agreement, the commitment and the general obligation bond, and the
authorizing resolution of the borrower.
new text end
new text begin
(b) The loan must be made by the authority through its purchase of the general
obligation bond of the borrower. The borrower shall provide the authority with the
opinion of nationally recognized bond counsel as to the valid authorization, issuance, and
enforceability of the general obligation bond of the borrower, and the exclusion of interest
thereon from gross income for the purposes of federal taxation, subject to customary
qualifications. The general obligation bond of the borrower may pledge other specified
sources of revenues for repayment to the extent permitted or required by law, in addition
to the full faith and credit and unlimited taxing powers of the borrower.
new text end
new text begin
(c) The authority may disburse the proceeds of the loan as a single payment for the
general obligation bond or from time to time pursuant to draw requests if the general
obligation bond of the borrower is structured as a periodic drawdown bond. In the event
the authority pays for the general obligation bond in a single payment, the borrower
shall establish a project account and disburse the proceeds of its general obligation bond
solely for costs of the project approved in its application pursuant to such additional
requirements specified in the regulatory agreement.
new text end
new text begin
(d) In order to facilitate the issuance of the authority's revenue bonds to finance
a pool of loans to different borrowers, the authority may require the borrower in the
commitment to issue its general obligation bond on a date certain in the future, and
may require the borrower to pay the costs incurred by the authority as a result of the
borrower's failure to deliver its general obligation bond as required by the commitment.
The commitment may also require the borrower to provide to the authority full disclosure
of all material facts and financial information relating to the borrower that would be
required if the borrower issued its general obligation bond to the public, certified as to
completeness and accuracy by authorized officers of the borrower, and authorization for
the authority to use such information in connection with the sale of the authority's revenue
bonds or disclosure relating to the authority's revenue bonds.
new text end
new text begin
(e) In addition to delivering its general obligation bond, each borrower shall enter
into a regulatory agreement with the authority providing additional terms of the loan
as the authority may specify, including providing to the authority periodic reports and
information relating to the acquisition or construction of the project and use of the
proceeds of the borrower's general obligation bond and periodic operating, financial, and
other information as to the creditworthiness of the borrower, and providing and filing
continuing secondary market disclosure to the extent required by the authority.
new text end
new text begin
(f) The purchase or commitment to purchase general obligation bonds of borrowers
by the authority shall be subject to the availability of proceeds of revenue bonds of the
authority for such purpose and the authority is not liable to any borrower for the failure to
purchase its general obligation bond pursuant to a commitment or any other agreement if
proceeds of the authority's revenue bonds are not available for any reason.
new text end
new text begin Subd. 8. new text end
new text begin Interest rate determination. new text end
new text begin
The rate of interest on the general obligation
bonds of the borrower must be the true interest cost on the revenue bonds of the authority
issued to purchase such general obligation bonds of the borrower plus the ongoing
percentage fee charged by the authority under subdivision 10; provided that the interest
rate must not exceed any limit imposed by federal tax law with respect to the authority's
revenue bonds.
new text end
new text begin Subd. 9. new text end
new text begin Market considerations. new text end
new text begin
The authority may suspend offering loans if it is
determined by the executive director that there are extreme or unusual events impacting
the bond market and that to continue making loans would be detrimental to holders of the
authority's revenue bonds or the financial viability of the credit enhanced bond program,
or if the state is warned by one of its rating agencies that continuing to make loans will
result in lowering the state's bond rating. If the making of loans is suspended under this
section, the authority shall have the option to resume making loans once it has determined
that the conditions for suspending the program no longer exist.
new text end
new text begin Subd. 10. new text end
new text begin Fees. new text end
new text begin
The authority shall charge a nonrefundable application fee of
$1,000 payable by each applicant upon submission of an application to the authority. A
separate application fee must be payable for each application submitted, including a
resubmitted application for an application that was rejected by the authority or determined
to be incomplete or inaccurate by the authority. The authority shall charge an ongoing
periodic fee of ten basis points of the outstanding principal amount of the loan to be added
to, and be a component of, the interest rate on the general obligation bonds of the borrower.
new text end
new text begin Subd. 11. new text end
new text begin Authority revenue bonds. new text end
new text begin
(a) The authority is authorized to issue
revenue bonds as provided in this chapter to fund the credit enhanced bond program.
The revenue bonds may be issued in one or more series pursuant to a resolution of the
authority or a series resolution or pursuant to a trust indenture with a financial institution
with trust powers as trustee, authorized by resolution of the authority. Any issue of bonds
may be used to fund one or more loans, may be payable by the loans funded from such
issue of bonds and such additional loans as pledged by the authority, and may be payable
on a subordinated basis to other bonds. As permitted by the terms of any revenue bonds
issued by the authority, the authority may sell the general obligations pledged to the
payment of the revenue bonds and any proceeds of the sale in excess of those used to pay
the principal of the revenue bonds must be deposited to the credit enhanced bond program
fund and may be used to purchase additional general obligation bonds of borrowers, to
provide credit enhancement for the authority's revenue bonds, or to pay any other expense
of the credit enhanced bond program.
new text end
new text begin
(b) The authority may issue short-term bonds in anticipation of issuing long-term
bonds for the purpose of acquiring general obligation bonds of borrowers.
new text end
new text begin
(c) Bonds issued by the authority for the credit enhanced bond program must not
be general obligations of the authority to the payment of which the general assets of the
authority are pledged or available for payment. All bonds issued for the credit enhanced
bond programs by the authority must be revenue bonds payable solely from the sources
specified in the bond.
new text end
new text begin Subd. 12. new text end
new text begin Reports, disclosure, audits. new text end
new text begin
(a) During the term of the loan the borrower
shall provide written reports to the authority. The content and timing of these reports must
be as specified in the regulatory agreement.
new text end
new text begin
(b) During the term of the loan the borrower shall disclose to the authority any
material information or events adversely affecting the creditworthiness of the borrower
as specified in the regulatory agreement. If required by the authority in a regulatory
agreement, the borrower shall enter into a continuing disclosure undertaking to provide
disclosure to the market.
new text end
new text begin
(c) During the term of the loan, the borrower shall provide to the authority on an
annual basis financial statements of the borrower audited by an independent accounting
firm, as further specified in the regulatory agreement.
new text end
Sec. 30.
Minnesota Statutes 2006, section 446A.12, subdivision 1, is amended to read:
Subdivision 1.
Bonding authority.
The authority may issue negotiable bonds in a
principal amount that the authority determines necessary to provide sufficient funds for
achieving its purposes, including the making of loans and purchase of securities, the
payment of interest on bonds of the authority, the establishment of reserves to secure
its bonds, the payment of fees to a third party providing credit enhancement, and the
payment of all other expenditures of the authority incident to and necessary or convenient
to carry out its corporate purposes and powers, but not including the making of grants.
Bonds of the authority may be issued as bonds or notes or in any other form authorized
by law. The principal amount of bonds issued and outstanding under this section at any
time may not exceed $1,500,000,000, excluding bonds for which refunding bonds or
crossover refunding bonds have been issueddeleted text begin .deleted text end new text begin , and excluding any bonds issued for the
credit enhanced bond program or refunding or crossover refunding bonds issued under the
program. The principal amount of bonds issued and outstanding under section 446A.087,
may not exceed $500,000,000, excluding bonds for which refunding bonds or crossover
refunding bonds have been issued.
new text end
Sec. 31.
Minnesota Statutes 2006, section 462A.209, subdivision 7, is amended to read:
Subd. 7.
Assistance to prevent mortgage foreclosures.
(a) Program assistance
and counseling to prevent mortgage foreclosures or cancellations of contract for deeds
includes general information, screening, assessment, referral services, case management,
advocacy, and financial assistance to borrowers who are delinquent on mortgage or
contract for deed payments.
(b) Not more than one-half of funds awarded for foreclosure prevention and
assistance activities may be used for mortgage or financial counseling services.
(c) Financial assistance consists of payments for delinquent mortgage or contract
for deed payments, future mortgage or contract for deed payments for a period of up to
six months, property taxes, assessments, utilities, insurance, home improvement repairs,
future rent payments for a period of up to six months, and relocation costs if necessary, or
other costs necessary to prevent foreclosure.
(d) deleted text begin An individual or family may receive a maximum of $5,500 of financial assistancedeleted text end
new text begin The maximum amount of financial assistance an individual or family may receive new text end to
prevent a mortgage foreclosure or the cancellation of a contract for deednew text begin is 110 percent of
the greater of state or applicable metropolitan statistical area median monthly owner cost
of owner-occupied housing, as estimated by the United States Census Bureau using data
collected in the most recent American Community Survey, multiplied by sixnew text end .
(e) The agency may require the recipient of financial assistance to enter into an
agreement with the agency for repayment. The repayment agreement for mortgages or
contract for deed buyers must provide that in the event the property is sold, transferred,
or otherwise conveyed, or ceases to be the recipient's principal place of residence, the
recipient shall repay all or a portion of the financial assistance. The agency may take into
consideration financial hardship in determining repayment requirements. The repayment
agreement may be secured by a lien on the property for the benefit of the agency.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 32.
Minnesota Statutes 2006, section 462A.21, is amended by adding a
subdivision to read:
new text begin Subd. 32. new text end
new text begin Nonprofit housing bonds account. new text end
new text begin
It may establish a nonprofit housing
bond account as a separate account within the housing development fund. Proceeds of
nonprofit housing bonds and payments made by the state pursuant to section 462A.36
may be deposited in the account. The agency may transfer the proceeds of nonprofit
housing bonds to another account within the housing development fund that it determines
appropriate to accomplish the purposes for which the bonds are authorized under section
462A.36.
new text end
Sec. 33.
Minnesota Statutes 2006, section 462A.22, subdivision 1, is amended to read:
Subdivision 1.
Debt ceiling.
The aggregate principal amount of bonds and notes
which are outstanding at any time, excluding the principal amount of any bonds and
notes refunded by the issuance of new bonds or notes, shall not exceed the sum of
deleted text begin $3,000,000,000deleted text end new text begin $5,000,000,000new text end .
Sec. 34.
new text begin
[462A.36] NONPROFIT HOUSING BONDS; AUTHORIZATION;
STANDING APPROPRIATION.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section, the following terms have
the meanings given them in this subdivision:
new text end
new text begin
(1) "debt service" means the amount payable in any fiscal year of principal of,
premium, in any, and interest on nonprofit housing bonds and the fees, charges, and
expenses related to the bonds;
new text end
new text begin
(2) "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended;
and
new text end
new text begin
(3) "nonprofit housing bonds" means bonds issued by the agency under chapter
462A that are "qualified 501(c)(3) bonds" within the meaning of section 145(a) of the
Internal Revenue Code or are not "private activity bonds" within the meaning of section
141(a) of the Internal Revenue Code, for the purpose of financing or refinancing affordable
housing authorized under chapter 462A.
new text end
new text begin Subd. 2. new text end
new text begin Appropriation of debt service; payment to agency or trustee. new text end
new text begin
(a) Up to
$2,400,000 annually is appropriated from the general fund for deposit in the nonprofit
housing bond account established in section 462A.21, subdivision 32, to pay the debt
service on nonprofit housing bonds. The appropriation of up to $2,400,000 per year may be
made for no more than 20 years, commencing with the fiscal year beginning July 1, 2009.
new text end
new text begin
(b) On July 1 of each year, but no earlier than July 1, 2009, and for so long as any
nonprofit housing bonds are outstanding, the state must transfer from the general fund
to the nonprofit housing bond account established under section 462A.21, subdivision
32, the amount of debt service payable in the fiscal year certified by the agency to the
commissioner of finance, not to exceed $2,400,000 annually.
new text end
new text begin
(c) The agency may pledge to the payment of the nonprofit housing bonds the
payments to be made by the state pursuant to this section.
new text end
new text begin Subd. 3. new text end
new text begin No full faith and credit. new text end
new text begin
The nonprofit housing bonds are not public debt
of the state, and the full faith and credit and taxing powers of the state are not pledged
to the payment of the nonprofit housing bonds or to any payment that the state agrees to
make under this section. The bonds must contain a conspicuous statement to such effect.
new text end
new text begin Subd. 4. new text end
new text begin Authorization. new text end
new text begin
The agency may issue up to $30,000,000 of nonprofit
housing bonds in one or more series to which the payments made pursuant to this section
may be pledged. The nonprofit housing bonds authorized in this subdivision may be issued
for the purpose of making loans, on terms and conditions the agency deems appropriate,
to finance the costs of the construction, acquisition, preservation, and rehabilitation of
permanent supportive housing for individuals and families who: (1) either have been
without a permanent residence for at least 12 months or at least four times in the last three
years; or (2) are at significant risk of lacking a permanent residence for 12 months or at
least four times in the last three years. An insubstantial portion of the bond proceeds
may be used for permanent supportive housing for individuals and families experiencing
homelessness who do not meet the criteria of the previous sentence. For purposes of this
subdivision, "permanent supportive housing" means housing that is not time-limited and
provides or coordinates with linkages to services necessary for residents to maintain
housing stability and maximize opportunities for education and employment.
new text end
Sec. 35.
Laws 1997, chapter 21, section 1, is amended to read:
Section 1. NASHWAUK GAS UTILITY.
The city of Nashwauk may construct and own one gas distribution line connecting
an area recently acquired by the city, and not currently served by a natural gas utility, with
a natural gas pipeline serving the region. deleted text begin Solely for the purpose of operating this gas line,
and distributing gas to customers located in the recently acquired area,deleted text end The city may
establish a municipal gas utility without the election required under Minnesota Statutes,
section 412.321, subdivision 2new text begin , for the purpose of constructing, owning, and operating this
and other gas pipelines, and distributing gas to customers located within the municipal
boundaries of Nashwauk and to customers located within neighboring municipalitiesnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day after compliance by the city
of Nashwauk with Minnesota Statutes, section 645.021, subdivision 3.
new text end
Sec. 36.
Laws 1998, chapter 404, section 23, subdivision 6, as amended by Laws 2002,
chapter 220, article 10, section 35, is amended to read:
Subd. 6.St. Paul RiverCentre Arena
|
65,000,000 |
|||||
This appropriation is from the general fund
to the commissioner of finance for a loan to
the city of St. Paul to demolish the existing
St. Paul RiverCentre Arena and to design,
construct, furnish, and equip a new arena.
This appropriation is not available until the
lessee to whom the city has leased the arena
has agreed to make rental or other payments
to the city under the terms set forth in this
subdivision. The loan is repayable solely
from and secured by the payments made
to the city by the lessee. The loan is not a
public debt and the full faith, credit, and
taxing powers of the city are not pledged for
its repayment.
(a) deleted text begin $48,000,000deleted text end new text begin $13,250,000 new text end of the loan
must be repaid to the commissioner, without
interest, within deleted text begin 20deleted text end new text begin tennew text end years from the date
of substantial completion of the arena in
accordance with the following schedule:
(1) no repayments are due in the first two
years from the date of substantial completion;
(2) in each of the years three to five, the
lessee must pay $1,250,000;
(3) in deleted text begin each of thedeleted text end years six deleted text begin to tendeleted text end new text begin and sevennew text end ,
the lessee must pay $1,500,000;
(4) in deleted text begin each of the years 11 to 13, the lessee
must pay $2,000,000deleted text end new text begin year eight, the lessee
must pay $1,500,000, and an additional
$1,500,000 not later than June 30, 2009new text end ;new text begin and
new text end
(5) in year deleted text begin 14, the lessee must pay
$3,000,000;deleted text end new text begin ten, the lessee must pay
$1,500,000, and an additional $2,000,000 not
later than June 30, 2011.
new text end
deleted text begin
(6) in year 15, the lessee must pay
$4,000,000; and
deleted text end
deleted text begin
(7) in each of the years 16 to 20, the lessee
must pay $4,750,000.
deleted text end
new text begin
After the above payments have been made,
no more of the loan need be repaid to the
commissioner by the city of St. Paul and the
balance due on the loan is forgiven.
new text end
(b) The commissioner must deposit the
repayments in the state treasury and credit
them to the general fund.
(c) The loan may not be made until the
commissioner has entered into an agreement
with the city of St. Paul identifying the rental
or other payments that will be made and
establishing the dates on and the amounts
in which the payments will be made to the
city and by the city to the commissioner. The
payments may include operating revenues
and additional payments to be made by the
lessee under agreements to be negotiated
between the commissioner, the city, and the
lessee. Those agreements may include, but
are not limited to, an agreement whereby the
lessee pledges to provide each year a letter
of credit sufficient to guarantee the payment
of the amount due for the next succeeding
year; an agreement whereby the lessee
agrees to maintain a net worth, certified each
year by a financial institution or accounting
firm satisfactory to the commissioner, that
is greater than the balance due under the
payment schedule in paragraph (a); and any
other agreements the commissioner may
deem necessary to ensure that the payments
are made as scheduled.
(d) The agreements must provide that the
failure of the lessee to make a payment due
to the city under the agreement is an event
of default under the lease between the city
and the lessee and that the state is entitled to
enforce the remedies of the lessor under the
lease in the event of default. Those remedies
must include, but need not be limited to, the
obligation of the lessee to pay the balance due
for the remainder of the payment schedule
in the event the lessee ceases to operate a
National Hockey League team in the arena.
(e) By January 1, 1999, the commissioner
shall report to the chair of the senate
committee on state government finance
and the chair of the house committee on
ways and means the terms of an agreement
between the lessee and the amateur sports
commission whereby the lessee agrees to
make the facilities of the arena available to
the commission on terms satisfactory to the
commission for amateur sports activities
consistent with the purposes of Minnesota
Statutes, chapter 240A, each year during the
time the loan is outstanding. The amateur
sports commission must negotiate in good
faith and may be required to pay no more
than actual out-of-pocket expenses for the
time it uses the arena. The agreement may
not become effective before February 1,
1999. During any calendar year after 1999
that an agreement under this paragraph is
not in effect and a payment is due under
the schedule, the lessee must pay to the
commissioner a penalty of $750,000 for that
year. If the amateur sports commission has
not negotiated in good faith, no penalty is
due.
Sec. 37.
Laws 1999, chapter 223, article 2, section 72, is amended to read:
Sec. 72. UPPER RED LAKE BUSINESS LOAN PROGRAM.
The commissioner of trade and economic development must make loans to
businesses in the Upper Red Lake area that have been severely affected by the significant
decline of the walleye fishing resource in Upper Red Lake. The loans may only be
made to businesses that operated in 1998. A business must submit an application to the
commissioner on forms provided by the commissioner. The application must include a
business plan for continued operation, with the assistance of the loan, until the walleye
fishing resource recovers. The commissioner shall allocate available loan funds to a
business based on the commissioner's evaluation of the probable success of its business
plan. A loan shall be for a maximum amount of $75,000 and a duration of ten years from
the date of the loan and shall be interest free. Repayment of a loan in monthly payments
of 1/120 of the original principal amount must begin no later than one year after walleye
fishing on Upper Red Lake is deleted text begin allowed by the department of natural resourcesdeleted text end new text begin recovered
to a bag limit of sixnew text end . Any principal balance remaining at the end of the ten-year period
shall be forgiven if the business continues in operation for the ten-year period. Loan
repayments shall be deposited in the general fund.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 38.
Laws 2006, chapter 258, section 21, subdivision 14, is amended to read:
Subd. 14.Itasca County - infrastructure
|
12,000,000 |
|||||
For a grant to Itasca County for public
infrastructure needed to support a steel
plant in Itasca County deleted text begin or an innovative
energy project in Itasca County under
Minnesota Statutes, section 216B.1694, that
uses clean energy technology as defined in
Minnesota Statutes, section 216B.1693, or
bothdeleted text end new text begin and economic development projects
in the contiguous countiesnew text end . Grant money
may be used by Itasca County to acquire
right-of-way and mitigate loss of wetlands
and runoff of storm water, to predesign,
design, construct, and equip roads and rail
lines, and, in cooperation with deleted text begin municipaldeleted text end deleted text begin
public utilitiesdeleted text end new text begin Nashwauk Municipal Utilitynew text end ,
to predesign, design, construct, and equip
natural gas pipelines, electric infrastructure,
water supply systems, and wastewater
collection and treatment systems.
Up to $4,000,000 of this appropriation may
be spent before the full financing for either
project has been closed.
Sec. 39.
Laws 2006, chapter 282, article 11, section 2, subdivision 6, is amended to
read:
Subd. 6.Itasca County infrastructure
|
11,500,000 |
|||||
For transfer to the Minnesota minerals 21st
century fund for a grant to Itasca County
to design, construct, and equip roads, rail
lines, new text begin and in cooperation with Nashwauk
Municipal Utility to predesign, design,
construct, and equip electric infrastructure,
new text end natural gas pipelines, water supply systems,
or wastewater collection and treatment
systems for a steel plant in Itasca County. Of
this amount, up to $500,000 may be used for
other mineral related projects in the taconite
relief area. This is a onetime appropriation.
Sec. 40.
Laws 2007, chapter 135, article 1, section 3, subdivision 2, is amended to read:
Subd. 2.Business and Community
|
40,667,000 |
8,639,000 |
||||
| Appropriations by Fund |
||
| General |
39,967,000 |
7,939,000 |
| Remediation |
700,000 |
700,000 |
(a) (1) $250,000 the first year and $250,000
the second year are from the general fund
for a grant under Minnesota Statutes,
section 116J.421, to the Rural Policy and
Development Center at St. Peter, Minnesota.
The grant shall be used for research and
policy analysis on emerging economic and
social issues in rural Minnesota, to serve as
a policy resource center for rural Minnesota
communities, to encourage collaboration
across higher education institutions to
provide interdisciplinary team approaches
to research and problem-solving in rural
communities, and to administer overall
operations of the center.
(2) The grant shall be provided upon the
condition that each state-appropriated
dollar be matched with a nonstate dollar.
Acceptable matching funds are nonstate
contributions that the center has received and
have not been used to match previous state
grants. Any unencumbered balance in the
first year is available for the second year.
(b) $250,000 the first year and $250,000
the second year are from the general fund
for a grant to WomenVenture for women's
business development programs.
(c) $250,000 the first year is for a grant to
University Enterprise Laboratories (UEL)
for its direct and indirect expenses to support
efforts to encourage the growth of early-stage
and emerging bioscience companies. UEL
must provide a report by June 30 each year
to the commissioner on the expenditures
until the appropriation is expended. This is a
onetime appropriation and is available until
expended.
(d) $2,000,000 the first year is for grants
under Minnesota Statutes, section 116J.571,
for the redevelopment grant program. This is
a onetime appropriation.
(e) $100,000 the first year and $100,000 the
second year are to help small businesses
access federal funds through the federal
Small Business Innovation Research Program
and the federal Small Business Technology
Transfer Program. Department services
must include maintaining connections to
11 federal programs, assessment of specific
funding opportunities, review of funding
proposals, referral to specific consulting
services, and training workshops throughout
the state. Unless prohibited by federal law,
the department must implement fees for
services that help companies seek federal
Phase II Small Business Innovation Research
grants. The recommended fee schedule
must be reported to the chairs of the house
of representatives finance committee and
senate budget division with jurisdiction over
economic development by February 1, 2008.
(f) $100,000 the first year and $100,000
the second year are appropriated to the
Public Facilities Authority for the small
community wastewater treatment program
under Minnesota Statutes, chapter 446A.
(g) $255,000 the first year and $155,000
the second year are from the general fund
for a grant to the Metropolitan Economic
Development Association for continuing
minority business development programs in
the metropolitan area.
(h) $85,000 the first year and $85,000 the
second year are for grants to the Minnesota
Inventors Congress. Of this amount, $10,000
each year is for the Student Inventors
Congress.
(i) $151,000 the first year is for a onetime
grant to the city of Faribault to design,
construct, furnish, and equip renovations to
accommodate handicapped accessibility at
the Paradise Center for the Arts.
(j) $750,000 the first year is to Minnesota
Technology, Inc. for the small business
growth acceleration program established
under Minnesota Statutes, section 116O.115.
This is a onetime appropriation.new text begin This
appropriation does not cancel, but is
available until June 30, 2011.
new text end
(k) $300,000 the first year is for a onetime
grant to the city of Northome for the
construction of a new municipal building to
replace the structures damaged by fire on
July 22, 2006. This appropriation is available
when the commissioner determines that a
sufficient match is available from nonstate
sources to complete the project.
(l) $300,000 the first year is for a grant to the
city of Worthington for an agricultural-based
bioscience training and testing center. Funds
appropriated under this section must be used
to provide a training and testing facility for
incubator firms developing new agricultural
processes and products. This is a onetime
appropriation and is available until expended.
(m) $1,750,000 the first year is for a onetime
grant to BioBusiness Alliance of Minnesota
for bioscience business development
programs to promote and position the state
as a global leader in bioscience business
activities. These funds may be used for:
(1) completion and periodic updating of
a statewide bioscience business industry
assessment of business technology
enterprises and Minnesota's competitive
position employing annual updates to federal
industry classification data;
(2) long-term strategic planning that includes
projections of market changes resulting
from developments in biotechnology and the
development of 20-year goals, strategies, and
identified objectives for renewable energy,
medical devices, biopharma, and biologics
business development in Minnesota;
(3) the design and construction of a
Minnesota focused bioscience business
model to test competing strategies and
scenarios, evaluate options, and forecast
outcomes; and
(4) creation of a bioscience business
resources network that includes development
of a statewide bioscience business economic
development framework to encourage
bioscience business development and
encourage spin-off activities, attract
bioscience business location or expansion in
Minnesota, and establish a local capability to
support strategic system level planning for
industry, government, and academia.
This appropriation is available until June 30,
2009.
(n) $125,000 the first year is to develop and
operate a bioscience business marketing
program to market Minnesota bioscience
businesses and business opportunities
to other states and other countries. The
bioscience business marketing program must
emphasize bioscience business location and
expansion opportunities in communities
outside of the seven-county metropolitan
area as defined in Minnesota Statutes,
section 473.121, subdivision 2, that have
established collaborative plans among two
or more municipal units for bioscience
business activities, and that are within 15
miles of a four-year, baccalaureate degree
granting institution or a two-year technical
or community college that offers bioscience
curricula. The commissioner must report
to the committees of the senate and house
of representatives having jurisdiction
over bioscience and technology issues by
February 1 of each year on the expenditures
of these funds and the promotional activities
undertaken to market the Minnesota
bioscience industry to persons outside of the
state. This is a onetime appropriation and is
available until expended.
(o) $325,000 is for a grant to the Walker
Area Community Center, Inc., to construct,
furnish, and equip the Walker Area
Community Center. This appropriation is
not available until the commissioner has
determined that an amount sufficient to
complete the project has been committed
from nonstate sources. This is a onetime
appropriation and is available until expended.
(p) $100,000 the first year is for a grant
to the Pine Island Economic Development
Authority for predesign to upgrade and
extend utilities to serve Elk Run Bioscience
Research Park and The Falls - Healthy
Living By Nature, an integrated medicine
facility. This is a onetime appropriation and
is available until expended.
(q) $350,000 the first year is for a grant
to Thomson Township for infrastructure
improvements for the industrial park. This
is a onetime appropriation and is available
until expended.
(r) $75,000 the first year is for a grant to
Le Sueur County for the cost of cleaning
up debris from lakes in Le Sueur County,
caused by the August 24, 2006, tornado in
southern Le Sueur County. This is a onetime
appropriation and is available until expended.
(s) $400,000 the first year is for a grant to
the city of Rogers to be used for relief from
damages caused by the September 16, 2006,
tornado.
(t) $75,000 the first year is for a grant to
the city of Warroad for new public facilities
to replace those damaged or destroyed
by the August 2006 tornado, including
approximately 28 new street lights and
underground electrical circuits and a new
fish cleaning house. This is a onetime
appropriation and is available until expended.
If an appropriation for this purpose is enacted
more than once in the 2007 session, the
appropriation is effective only once.
(u) $500,000 the first year is for a grant to
the Upper Sioux Community to improve the
current water system to ensure continuity
of service to the entire population of the
community and to meet the demands of the
community expansion over the next 20 years.
The is a onetime appropriation and is not
available until the Public Facilities Authority
has determined that at least $1,000,000 has
been committed from nonstate sources. This
appropriation is available until expended. *
(The preceding text beginning "(u) $500,000
the first year is for" was indicated as vetoed
by the governor.)
(v) $755,000 the first year is for the urban
challenge grant program under Minnesota
Statutes, section 116M.18. This is a onetime
appropriation.
(w) $1,100,000 is for a grant to the
Neighborhood Development Center for
assistance necessary to retain minority
business enterprises at the Global Market.
This is a onetime appropriation and is
available until expended.
(x) $350,000 the first year is for a onetime
grant to the city of Inver Grove Heights
to reduce debt on the Inver Grove Heights
Veterans Memorial Community Center. *
(The preceding text beginning "(x) $350,000
the first year is for" was indicated as vetoed
by the governor.)
(y) $14,900,000 the first year is for the
Minnesota minerals 21st century fund created
in Minnesota Statutes, section 116J.423, to
partially restore the money unallotted by the
commissioner of finance in 2003 pursuant
to Minnesota Statutes, section 16A.152.
This appropriation may be used as provided
in Minnesota Statutes, section 116J.423,
subdivision 2. This appropriation is available
until expended.
(z) $2,500,000 the first year is for a grant to
the city of St. Paul to be used to pay, redeem,
or refund debt service costs incurred for the
River Centre Campus. * (The preceding text
beginning "(z) $2,500,000 the first year is
for" was indicated as vetoed by the governor.)
(aa) $147,000 each year is appropriated from
the general fund to the commissioner of
employment and economic development for
grants of $49,000 to eligible organizations
each year and for the purposes of this
paragraph. Each state grant dollar must be
matched with $1 of nonstate funds. Any
balance in the first year does not cancel but
is available in the second year. The base for
these grants in fiscal years 2010 and 2011
is $189,000 each year, with each eligible
organization receiving a $63,000 grant each
year.
The commissioner of employment and
economic development must make grants to
organizations to assist in the development
of entrepreneurs and small businesses.
Three grants must be awarded to continue
or to develop a program. One grant must
be awarded to the Riverbend Center for
Entrepreneurial Facilitation in Blue Earth
County, and two to other organizations
serving Faribault and Martin Counties. Grant
recipients must report to the commissioner
by February 1 of each year that the
organization receives a grant with the
number of customers served; the number of
businesses started, stabilized, or expanded;
the number of jobs created and retained; and
business success rates. The commissioner
must report to the house of representatives
and senate committees with jurisdiction
over economic development finance on the
effectiveness of these programs for assisting
in the development of entrepreneurs and
small businesses.
(bb) $5,000,000 the first year is for grants
under Minnesota Statutes, section 116J.8731,
for the Minnesota investment fund program.
Of this amount, up to $3,000,000 may
be used for a legal reference office and
data center facility, provided that the total
capital investment in the facility is at least
$60,000,000. This grant is not subject to
grant limitations under Minnesota Statutes,
section 116J.8731, subdivision 5. This is
a onetime appropriationnew text begin and is available in
either year of the bienniumnew text end .
Sec. 41. new text begin 2009 DISTRIBUTIONS ONLY; TACONITE PRODUCTION TAX.
new text end
new text begin
(a) For 2008 production, distribution in 2009 only, two cents per taxable ton of
the taconite production tax under Minnesota Statutes, chapter 298, must be paid to the
Hibbing Economic Development Authority to retire bonds and for economic development
purposes.
new text end
new text begin
(b) For 2008 production, distribution in 2009 only, 0.25 cents per taxable ton of the
taconite production tax under Minnesota Statutes, chapter 298, must be paid to the St.
Louis County School Board to study the potential for and impact of consolidation and
streamlining the operations of the St. Louis County School District No. 2142.
new text end
Sec. 42. new text begin HARDSHIP PAYMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Payments; availability. new text end
new text begin
Hardship payments are available to
an applicant if the applicant suffered economic hardship due to delays in receiving
unemployment benefits resulting from the new unemployment insurance application
and filing system implemented by the Department of Employment and Economic
Development on October 15, 2007.
new text end
new text begin Subd. 2. new text end
new text begin Economic hardship. new text end
new text begin
"Economic hardship" means financial losses to
an applicant resulting from: checks returned for insufficient funds; account overdraft
charges; installment credit penalties, interest, and other fees resulting from missed or
late payments; mortgage loan late fees, interest charges, or other penalties; charges for
force-placed automobile or homeowner's insurance; penalties for late payment of income
or property taxes; and any penalties or adverse consequences, including the suspension of
an applicant's driver's license due to nonpayment of child support.
new text end
new text begin Subd. 3. new text end
new text begin Payment from administration account. new text end
new text begin
Hardship payments are payable
from the unemployment insurance administration account under Minnesota Statutes,
section 268.196.
new text end
new text begin Subd. 4. new text end
new text begin Eligibility conditions. new text end
new text begin
An applicant is eligible to receive hardship
payments under this section if the applicant's unemployment benefit payments due and
payable after October 15, 2007, were delayed at least four weeks.
new text end
new text begin Subd. 5. new text end
new text begin Amount of hardship payments. new text end
new text begin
The amount of hardship payments
available to an applicant is equal to the amount of economic hardship experienced by an
applicant due to the delay in receiving unemployment benefits. An applicant must provide
documentation of the amount of financial hardship claimed using financial institution
records, consumer or business credit records, child support records, or other commonly
recognized methods of documenting financial transactions.
new text end
new text begin Subd. 6. new text end
new text begin Notice. new text end
new text begin
The commissioner must notify applicants of the availability of
hardship payments by posting a notice on the department's official Web site, by notifying
applicants by individual mailing where department records show the applicant may be
eligible under subdivision 4, and by any other appropriate announcement.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 43. new text begin LUMBER COMPANY EXTRA BENEFITS.
new text end
new text begin Subdivision 1. new text end
new text begin Extra benefits; availability. new text end
new text begin
Extra unemployment benefits are
available to an applicant who was laid off due to lack of work from the Ainsworth Lumber
Company plant in Cook, Minnesota.
new text end
new text begin Subd. 2. new text end
new text begin Payment from fund; effect on employer. new text end
new text begin
Extra unemployment benefits
are payable from the unemployment insurance trust fund. Extra unemployment benefits
paid will not be used in computing the experience rating of Ainsworth Lumber Company
under Minnesota Statutes, sections 268.047 and 268.051, subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility conditions. new text end
new text begin
An applicant is eligible to receive extra
unemployment benefits under this section for any week through December 27, 2008, if:
new text end
new text begin
(1) the applicant established a benefit account under Minnesota Statutes, section
268.07, with a majority of the wage credits from Ainsworth Lumber Company, and
exhausted entitlement to those regular unemployment benefits after January 1, 2008;
new text end
new text begin
(2) the applicant meets the same eligibility requirements that are required for regular
unemployment benefits under Minnesota Statutes, section 268.069;
new text end
new text begin
(3) the applicant is not entitled to any other unemployment benefits and is not
entitled to receive unemployment benefits under any other state or federal law for that
week, including any other extended unemployment benefits; and
new text end
new text begin
(4) if an applicant qualifies for any type of unemployment benefits available under
Minnesota law, or under any federal law, or the law of another state, the applicant must
apply for and exhaust entitlement to those unemployment benefits.
new text end
new text begin Subd. 4. new text end
new text begin Weekly amount of extra benefits. new text end
new text begin
The weekly extra unemployment
benefits amount available to an applicant is the same as the applicant's weekly regular
unemployment benefit amount on the benefit account established in subdivision 3, clause
(1).
new text end
new text begin Subd. 5. new text end
new text begin Maximum amount of extra unemployment benefits. new text end
new text begin
The maximum
amount of extra unemployment benefits available is equal to 26 times the applicant's
weekly benefit amount.
new text end
new text begin Subd. 6. new text end
new text begin Program expiration. new text end
new text begin
This extra unemployment benefit program expires
on December 27, 2008. No extra unemployment benefits may be paid for any week after
the expiration of this program.
new text end
new text begin Subd. 7. new text end
new text begin Notice. new text end
new text begin
The commissioner must notify applicants of the availability
of extra unemployment benefits by posting a notice on the department's official Web
site, by notifying applicants by individual mailing where department records show the
applicant may qualify for these extra unemployment benefits, and by any other appropriate
announcement.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies retroactively from January 1, 2008.
new text end
ARTICLE 16
TRANSPORTATION
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end
|
new text begin
2008 new text end |
new text begin
2009 new text end |
new text begin
Total new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
(325,000) new text end |
new text begin
$ new text end |
new text begin
(28,000) new text end |
new text begin
$ new text end |
new text begin
(353,000) new text end |
|
new text begin
Trunk Highway new text end |
new text begin
6,850,000 new text end |
new text begin
-0- new text end |
new text begin
6,850,000 new text end |
|||
|
new text begin
Total new text end |
new text begin
$ new text end |
new text begin
6,525,000 new text end |
new text begin
$ new text end |
new text begin
(28,000) new text end |
new text begin
$ new text end |
new text begin
6,497,000 new text end |
Sec. 2. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations under Laws 2007, chapter 143, article
1; Laws 2007, First Special Session chapter 2, article 2, section 2; Laws 2008, chapter 152,
article 1; to the agencies and for the purposes specified in this article. The appropriations
are from the trunk highway fund or another named fund and are available for the fiscal
years indicated for each purpose. The figures "2008" and "2009" used in this article mean
that the addition to or subtraction from the appropriation listed under them is available
for the fiscal year ending June 30, 2008, or June 30, 2009, respectively. Supplemental
appropriations and reductions to appropriations for the fiscal year ending June 30, 2008,
are effective the day following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|||||
Sec. 3. new text begin TRANSPORTATION
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
6,850,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
|
new text begin
State Roads new text end |
||||||
new text begin
This is spending authority for additional
federal bridge funding authorized and
appropriated by Congress in 2008, and is for
the actual construction, reconstruction, and
improvement of trunk highways, including
design-build contracts and consultant usage
to support these activities. This includes the
cost of actual payments to landowners for
lands acquired for highway rights-of-way,
payments to lessees, interest subsidies, and
relocation expenses. This is a onetime
appropriation.
new text end
new text begin Subd. 2. new text end
new text begin
Transfers In
|
||||||
new text begin
Notwithstanding Minnesota Statutes,
section 222.49, before June 30, 2008,
the commissioner of finance shall transfer
$3,000,000 from the rail service improvement
account in the special revenue fund to the
general fund.
new text end
new text begin
Notwithstanding Minnesota Statutes, section
222.49, after July 1, 2008, and before June
30, 2009, the commissioner of finance shall
transfer $3,000,000 from the rail service
improvement account in the special revenue
fund to the general fund.
new text end
Sec. 4. new text begin PUBLIC SAFETY
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(28,000) new text end |
||
|
new text begin
Administrative And Related Services new text end |
||||||
new text begin
This reduction is from the general fund
appropriation for a security coordinator
to coordinate planning efforts for the
Republican National Convention in Laws
2007, chapter 143, article 1, section 5,
subdivision 2, paragraph (b).
new text end
Sec. 5. new text begin UNIVERSITY OF MINNESOTA
|
new text begin
$ new text end |
new text begin
(325,000) new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
This reduction eliminates the appropriation
in Laws 2008, chapter 152, article 1, section
6, subdivision 2, for a value-capture study.
new text end
Sec. 6.
Minnesota Statutes 2006, section 115A.908, subdivision 1, is amended to read:
Subdivision 1.
Fee charged.
A fee of deleted text begin $10deleted text end new text begin $20 new text end shall be charged on the initial
registration and each subsequent transfer of title within the state, other than transfers for
resale purposes, of every motor vehicle weighing more than 1,000 pounds. The fee shall
be collected by the commissioner of public safety. Registration plates or certificates
of title may not be issued by the commissioner of public safety for the ownership or
operation of a motor vehicle subject to the transfer fee unless the fee is paid. The fee may
not be charged on the transfer of:
(1) previously registered vehicles if the transfer is to the same person;
(2) vehicles subject to the conditions specified in section 297A.70, subdivision 2; or
(3) vehicles purchased in another state by a resident of another state if more than 60
days have elapsed after the date of purchase and the purchaser is transferring title to this
state and has become a resident of this state after the purchase.
Sec. 7.
Minnesota Statutes 2006, section 115A.908, subdivision 2, is amended to read:
Subd. 2.
Deposit of revenue.
(a) From July 1, 2003, through June 30, 2007, revenue
collected shall be credited to the general fund.
(b) deleted text begin After June 30, 2007deleted text end new text begin From July 1, 2007, through June 30, 2008new text end , revenue collected
shall be credited to the environmental fund.
new text begin
(c) After June 30, 2008, revenue collected from $10 of each fee must be credited
to the environmental fund. The remainder of the revenue collected from each fee must
be credited to the general fund.
new text end
ARTICLE 17
PUBLIC SAFETY
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize the direct appropriations, by fund,
made in this article.
new text end
|
new text begin
2008 new text end |
new text begin
2009 new text end |
new text begin
Total new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
360,000 new text end |
new text begin
$ new text end |
new text begin
(10,523,000) new text end |
new text begin
$ new text end |
new text begin
(10,163,000) new text end |
|
new text begin
Special Revenue new text end |
new text begin
-0- new text end |
new text begin
50,000 new text end |
new text begin
50,000 new text end |
|||
|
new text begin
Total new text end |
new text begin
$ new text end |
new text begin
360,000 new text end |
new text begin
$ new text end |
new text begin
(10,473,000) new text end |
new text begin
$ new text end |
new text begin
(10,113,000) new text end |
Sec. 2. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2007, chapter 54, article 1, to
the agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2008" and "2009" used in this article mean that the addition to
or subtraction from the appropriations listed under them are available for the fiscal year
ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
reductions to appropriations for the fiscal year ending June 30, 2008, are effective the day
following final enactment. "The first year" is fiscal year 2008. "The second year" is fiscal
year 2009. "The biennium" is fiscal years 2008 and 2009.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|||||
Sec. 3. new text begin PUBLIC SAFETY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
360,000 new text end |
new text begin
$ new text end |
new text begin
(2,531,000) new text end |
||
new text begin
The appropriation reductions for each
purpose are shown in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Emergency Management
|
new text begin
360,000 new text end |
new text begin
(76,000) new text end |
||||
new text begin
$360,000 in the first year is to provide a
match for FEMA money received for natural
disaster assistance payments and is added
to appropriations in Laws 2007, chapter 54,
article 1, section 10, subdivision 2. This
appropriation is available until June 30,
2010. This is a onetime appropriation.
new text end
new text begin
The appropriation from the general fund in
the second year to reimburse local chemical
assessment and hazardous materials teams
when they respond to incidents is reduced
by $40,000. Reimbursements up to $40,000
per year are to be made from revenues in
the special revenue fund from billings to
responsible companies.
new text end
new text begin
$36,000 is a reduction in the second year
from Laws 2007, chapter 54, article 1,
section 10, subdivision 2.
new text end
new text begin Subd. 3. new text end
new text begin
Criminal Apprehension
|
new text begin
-0- new text end |
new text begin
(1,659,000) new text end |
||||
new text begin
$659,000 is from Laws 2007, chapter 54,
article 1, section 10, subdivision 3.
new text end
new text begin
$1,000,000 is from funding for CriMNet
justice information integration.
new text end
new text begin Subd. 4. new text end
new text begin
Alcohol and Gambling Enforcement
|
new text begin
-0- new text end |
new text begin
(24,000) new text end |
||||
new text begin
This reduction is from Laws 2007, chapter
54, article 1, section 10, subdivision 5.
new text end
new text begin Subd. 5. new text end
new text begin
Office of Justice Programs
|
new text begin
-0- new text end |
new text begin
(622,000) new text end |
||||
new text begin
This reduction is from Laws 2007, chapter
54, article 1, section 10, subdivision 6.
new text end
new text begin Subd. 6. new text end
new text begin
General Reduction
|
new text begin
-0- new text end |
new text begin
(150,000) new text end |
||||
new text begin
The commissioner shall allocate the general
reduction among agency operations. This is
a onetime reduction.
new text end
Sec. 4. new text begin HUMAN RIGHTS
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(112,000) new text end |
||
new text begin
This reduction is from Laws 2007, chapter
54, article 1, section 13.
new text end
Sec. 5. new text begin DEPARTMENT OF CORRECTIONS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(7,880,000) new text end |
||
new text begin
The appropriation additions or reductions
for each purpose are shown in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Correctional Institutions
|
new text begin
-0- new text end |
new text begin
(4,281,000) new text end |
||||
new text begin
This reduction is from Laws 2007, chapter
54, article 1, section 14, subdivision 2.
new text end
new text begin Subd. 3. new text end
new text begin
Community Services
|
new text begin
-0- new text end |
new text begin
(3,418,000) new text end |
||||
new text begin
$1,568,000 is from Laws 2007, chapter 54,
article 1, section 14, subdivision 3.
new text end
new text begin
$1,250,000 is from Laws 2007, chapter 54,
article 1, section 14, subdivision 3, for the
care and housing of short-term offenders.
new text end
new text begin
$600,000 is from Laws 2007, chapter 54,
article 1, section 14, subdivision 3, for
sentencing-to-service activities.
new text end
new text begin Subd. 4. new text end
new text begin
Operations Support
|
new text begin
-0- new text end |
new text begin
(181,000) new text end |
||||
new text begin
This reduction is from Laws 2007, chapter
54, article 1, section 14, subdivision 4.
new text end
Sec. 6.
Minnesota Statutes 2007 Supplement, section 297I.06, subdivision 3, is
amended to read:
Subd. 3.
Fire safety account, annual transfers, allocation.
A special account, to
be known as the fire safety account, is created in the state treasury. The account consists
of the proceeds under subdivisions 1 and 2. deleted text begin $468,000deleted text end new text begin $1,468,000new text end in fiscal year 2008
deleted text begin and $2,268,000deleted text end new text begin , $3,268,000new text end innew text begin fiscal year 2009, and $2,268,000 innew text end each year thereafter is
transferred from the fire safety account in the special revenue fund to the general fund
to offset the loss of revenue caused by the repeal of the one-half of one percent tax on
fire insurance premiums.
Sec. 7.
Laws 2007, chapter 54, article 1, section 11, is amended to read:
Sec. 11. PEACE OFFICER STANDARDS
|
$ |
4,296,000 |
$ |
deleted text begin 4,278,000deleted text end new text begin 4,328,000new text end |
||
Excess Amounts Transferred. This
appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
the first year in excess of $4,296,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account
in the second year in excess of deleted text begin $4,278,000deleted text end new text begin
$4,328,000new text end must be transferred and credited
to the general fund.
Peace Officer Training Reimbursements.
$3,159,000 the first year and $ 3,159,000 the
second year are for reimbursements to local
governments for peace officer training costs.
No Contact Orders. The board shall: (1)
revise and update preservice courses and
develop in-service training courses related
to no contact orders in domestic violence
cases and domestic violence dynamics; and
(2) reimburse peace officers who have taken
training courses described in clause (1).
At a minimum, the training must include
instruction in the laws relating to no contact
orders and address how to best coordinate
law enforcement resources relating to no
contact orders. In addition, the training
must include a component to instruct peace
officers on doing risk assessments of the
escalating factors of lethality in domestic
violence cases. The board must consult with
a statewide domestic violence organization
in developing training courses. The board
shall utilize a request for proposal process in
awarding training contracts. The recipient
of the training contract must conduct these
trainings with advocates or instructors from
a statewide domestic violence organization.
Beginning on January 1, 2008, the board may
not approve an in-service training course
relating to domestic abuse that does not
comply with this section.
ARTICLE 18
JUDICIARY
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize the direct appropriations, by fund,
made in this article.
new text end
|
new text begin
2008 new text end |
new text begin
2009 new text end |
new text begin
Total new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(5,840,000) new text end |
new text begin
$ new text end |
new text begin
(5,840,000) new text end |
Sec. 2. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2007, chapter 54, article 1, to
the agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2008" and "2009" used in this article mean that the addition to
or subtraction from the appropriations listed under them are available for the fiscal year
ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
reductions to appropriations for the fiscal year ending June 30, 2008, are effective the day
following final enactment. "The first year" is fiscal year 2008. "The second year" is fiscal
year 2009. "The biennium" is fiscal years 2008 and 2009.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|||||
Sec. 3. new text begin SUPREME COURT
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(752,000) new text end |
||
new text begin
$100,000 in the second year is to reduce
funding for civil legal services. This is a
onetime reduction.
new text end
new text begin
$652,000 in the second year is to reduce
funding for Supreme Court operations.
new text end
Sec. 4. new text begin COURT OF APPEALS
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(213,000) new text end |
||
Sec. 5. new text begin DISTRICT COURTS
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(3,484,000) new text end |
||
new text begin
This reduction may be applied to any
appropriation contained in Laws 2007,
chapter 54, article 1, section 5.
new text end
Sec. 6. new text begin BOARD OF PUBLIC DEFENSE
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(1,391,000) new text end |
||
Sec. 7.
Minnesota Statutes 2006, section 357.021, subdivision 6, is amended to read:
Subd. 6.
Surcharges on criminal and traffic offenders.
(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a deleted text begin $72deleted text end
new text begin $75 new text end surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor,
or petty misdemeanor offense, other than a violation of a law or ordinance relating to
vehicle parking, for which there shall be a $4 surcharge. In the Second Judicial District,
the court shall impose, and the court administrator shall collect, an additional $1 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
petty misdemeanor for which no fine is imposed.
(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.
(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.
(d) The court administrator or other entity collecting a surcharge shall forward it
to the commissioner of finance.
(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the commissioner of finance.
Sec. 8.
Minnesota Statutes 2006, section 357.021, subdivision 7, is amended to read:
Subd. 7.
Disbursement of surcharges by commissioner of finance.
(a) Except
as provided in paragraphs (b), (c), and (d), the commissioner of finance shall disburse
surcharges received under subdivision 6 and section 97A.065, subdivision 2, as follows:
(1) one percent shall be credited to the game and fish fund to provide peace officer
training for employees of the Department of Natural Resources who are licensed under
sections 626.84 to 626.863, and who possess peace officer authority for the purpose of
enforcing game and fish laws;
(2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and
(3) 60 percent shall be credited to the general fund.
(b) The commissioner of finance shall credit $3 of each surcharge received under
subdivision 6 and section 97A.065, subdivision 2, to the general fund.
(c) In addition to any amounts credited under paragraph (a), the commissioner of
finance shall credit deleted text begin $44deleted text end new text begin $47 new text end of each surcharge received under subdivision 6 and section
97A.065, subdivision 2, and the $4 parking surcharge, to the general fund.
(d) If the Ramsey County Board of Commissioners authorizes imposition of
the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court
administrator in the Second Judicial District shall transmit the surcharge to the
commissioner of finance. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.
Sec. 9.
new text begin
[480.237] ELECTRONIC PAYMENTS; CONVENIENCE FEES; DATA
ACCESS.
new text end
new text begin
(a) The judicial branch may accept credit cards, charge cards, debit cards, or other
methods of electronic funds transfer for government fees and payments ordered by a court.
new text end
new text begin
(b) The judicial branch may impose a convenience fee to be added to each
transaction. The total amount of the convenience fee may not exceed the transaction fee
charged by a processing contractor for the credit services during the most recent collection
period. Each court imposing a convenience fee must notify the person using the credit
services of the fee before the transaction is processed. Fees collected under this section
are appropriated to the level of court that imposed the fee for the purposes of paying
the processing contractor.
new text end
new text begin
(c) Access to credit card, charge card, debit card, or other method of electronic funds
transfer account numbers collected, created, received, maintained, or disseminated by the
judicial branch in connection with a government services transaction are governed by the
rules of public access to records of the judicial branch promulgated by the Supreme Court.
new text end
Sec. 10. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, section 609.103,
new text end
new text begin
is repealed.
new text end
ARTICLE 19
STATE GOVERNMENT
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
||||||
new text begin
The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end
|
new text begin
2008 new text end |
new text begin
2009 new text end |
new text begin
Total new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(12,398,000) new text end |
new text begin
$ new text end |
new text begin
(12,398,000) new text end |
Sec. 2. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2007, chapter 148, article 1, to
the agencies and for the purposes specified in this article. The appropriations are from the
general fund or another named fund and are available for the fiscal years indicated for
each purpose. The figures "2008" and "2009" used in this article mean that the addition
to or subtraction from the appropriation listed under them is available for the fiscal year
ending June 30, 2008, or June 30, 2009, respectively. Supplemental appropriations and
reductions to appropriations for the fiscal year ending June 30, 2008, are effective the
day following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|||||
Sec. 3. new text begin LEGISLATURE
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Reduction
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(2,141,000) new text end |
||
new text begin
The appropriation additions or reductions
for each purpose are shown in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Senate
|
new text begin
-0- new text end |
new text begin
(710,000) new text end |
||||
new text begin
The base budget for the senate shall
be $22,724,000 in fiscal year 2010 and
$22,724,000 in fiscal year 2011.
new text end
new text begin Subd. 3. new text end
new text begin
House of Representatives
|
new text begin
-0- new text end |
new text begin
(953,000) new text end |
||||
new text begin
The base budget for the house of
representatives shall be $30,551,000 in fiscal
year 2010 and $30,551,000 in fiscal year
2011.
new text end
new text begin Subd. 4. new text end
new text begin
Legislative Coordinating Commission
|
new text begin
-0- new text end |
new text begin
(478,000) new text end |
||||
new text begin
The base budget for the Legislative
Coordinating Commission shall be
$15,416,000 in fiscal year 2010 and
$15,416,000 in fiscal year 2011.
new text end
new text begin Subd. 5. new text end
new text begin
Cancellation
|
||||||
new text begin
On July 1, 2008, the legislature shall cancel
to the general fund $175,000 of the balance
carried forward under Minnesota Statutes,
section 16A.281.
new text end
Sec. 4. new text begin GOVERNOR
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(138,000) new text end |
||
Sec. 5. new text begin STATE AUDITOR
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(42,000) new text end |
||
Sec. 6. new text begin ATTORNEY GENERAL
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(749,000) new text end |
||
Sec. 7. new text begin SECRETARY OF STATE
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(195,000) new text end |
||
new text begin
The base budget for the secretary of state
shall be $6,129,000 in fiscal year 2010 and
$6,301,000 in fiscal year 2011.
new text end
Sec. 8. new text begin OFFICE OF ENTERPRISE
|
||||||
new text begin Subdivision 1. new text end
new text begin
General Reduction
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(313,000) new text end |
||
new text begin
The base budget for the Office of Enterprise
Technology shall be $6,076,000 in fiscal year
2010 and $6,076,000 in fiscal year 2011.
new text end
new text begin Subd. 2. new text end
new text begin
Transfer In
|
||||||
new text begin
By June 30, 2009, the commissioner
of finance shall transfer $3,470,000
of the balance in the information and
telecommunications technology systems and
services account in the special revenue fund
to the general fund.
new text end
Sec. 9. new text begin ADMINISTRATION
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Reduction
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(1,829,000) new text end |
||
new text begin
The appropriation additions or reductions
for each purpose are shown in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
State Facilities Services
|
new text begin
-0- new text end |
new text begin
(1,083,000) new text end |
||||
new text begin
$885,000 of the reduction is from the
appropriation for Department of Public
Safety relocation expenses.
new text end
new text begin Subd. 3. new text end
new text begin
Transfer In
|
||||||
new text begin
By June 30, 2009, the commissioner
of finance shall transfer $1,500,000 of
the balance in the facilities repair and
replacement account in the special revenue
fund to the general fund.
new text end
new text begin Subd. 4. new text end
new text begin
State and Community Services
|
new text begin
-0- new text end |
new text begin
(155,000) new text end |
||||
new text begin Subd. 5. new text end
new text begin
Administrative Management Services
|
new text begin
-0- new text end |
new text begin
(591,000) new text end |
||||
new text begin
$140,000 is from the appropriation for a
grant to the Council on Developmental
Disabilities for a statewide self-advocacy
network for persons with intellectual and
developmental disabilities.
new text end
new text begin
$335,000 is from the appropriation for the
Office of Strategic Planning and Results
Management.
new text end
Sec. 10. new text begin FINANCE
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Reduction
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(1,024,000) new text end |
||
new text begin
The appropriation additions or reductions
for each purpose are shown in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
State Financial Management
|
new text begin
-0- new text end |
new text begin
(356,000) new text end |
||||
new text begin Subd. 3. new text end
new text begin
Information and Management
|
new text begin
0 new text end |
new text begin
(668,000) new text end |
||||
new text begin
$400,000 is from the appropriation for the
Minnesota Accounting and Procurement
System (MAPS).
new text end
new text begin
After the Departments of Finance and
Employee Relations merge as directed in
Laws 2007, chapter 148, article 2, section 80,
the commissioner of finance may reallocate
fiscal year 2009 general fund appropriation
reductions among programs within the
merged agency. Any reallocation of funds
shall be shown in the program appropriations
base for fiscal years 2010 and 2011 according
to Minnesota Statutes, section 16A.11,
subdivision 3, paragraph (b).
new text end
Sec. 11. new text begin EMPLOYEE RELATIONS
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(218,000) new text end |
||
new text begin
The base budget for employee relations
shall be $5,241,000 in fiscal year 2010 and
$5,241,000 in fiscal year 2011 to reflect the
reduction and a transfer to the Department of
Health for the merger in Laws 2007, chapter
148, article 2, section 80.
new text end
Sec. 12. new text begin REVENUE
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
3,120,000 new text end |
||
new text begin
$360,000 is for the costs of administering
the data match program under Minnesota
Statutes, section 13B.07, including payments
to financial institutions in exchange for
performing data matches under that section.
new text end
new text begin
$4,000,000 is for additional activities to
identify and collect tax liabilities from
individuals and businesses that currently
do not pay all taxes owed. This initiative
is expected to result in new general fund
revenues of $16,000,000 for fiscal year 2009.
new text end
new text begin
$1,240,000 is a reduction from the
appropriation for the tax system management
program.
new text end
Sec. 13.
new text begin
[13B.07] TAX DEBTOR DATA MATCHES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
The definitions in this subdivision apply to this section.
new text end
new text begin
(a) "Account" means demand deposit account, checking account, negotiable order of
withdrawal account, savings account, time deposit account, money market mutual fund
account, or certificate of deposit account, and any funds or property held by a financial
institution, as defined in paragraph (e).
new text end
new text begin
(b) "Account information" means the type of account, the account number, whether
the account is singly or jointly owned, and, in the case of jointly owned accounts, the name
and address of the nondebtor account owner if available.
new text end
new text begin
(c) "Commissioner" means the commissioner of revenue.
new text end
new text begin
(d) "Debtor" means a person whose property is subject to a tax lien and a notice of
lien has been filed by the commissioner as provided by section 270C.63, subdivision 2.
new text end
new text begin
(e) "Financial institution" means any of the following that do business in this state:
new text end
new text begin
(1) federal or state commercial banks and federal or state savings banks, including
savings and loan associations and cooperative banks;
new text end
new text begin
(2) federal and state chartered credit unions;
new text end
new text begin
(3) benefit associations;
new text end
new text begin
(4) life insurance companies;
new text end
new text begin
(5) safe deposit companies;
new text end
new text begin
(6) money market mutual funds; or
new text end
new text begin
(7) a similar entity that holds property or maintains accounts reflecting property
belonging to others.
new text end
new text begin
(f) "Person" means a person as defined in section 270C.01, subdivision 6.
new text end
new text begin Subd. 2. new text end
new text begin Data match system established. new text end
new text begin
The commissioner shall establish a
process for the comparison of account information data held by financial institutions with
the Department of Revenue's database of debtors. The commissioner shall inform the
financial industry of the requirements of this section and the means by which financial
institutions can comply.
new text end
new text begin Subd. 3. new text end
new text begin Duty to provide data. new text end
new text begin
Within 30 days of a request by the commissioner,
a financial institution shall provide to the commissioner the name, address, and account
information for each debtor who maintains an account at the financial institution. The
commissioner may request the data concerning any debtor not more than four times a year
from a single financial institution.
new text end
new text begin Subd. 4. new text end
new text begin Method to provide data. new text end
new text begin
The commissioner must provide an electronic list
of debtors to the financial institution that includes debtors' name, address, and if the debtor
is an individual, the last four digits of the debtor's Social Security number. The financial
institution must compare that data to the data maintained at the financial institution to
identify which of the listed debtors maintains an account at the financial institution.
new text end
new text begin Subd. 5. new text end
new text begin Means to provide data. new text end
new text begin
A financial institution must provide the required
data in encrypted form by secure electronic means authorized by the commissioner.
new text end
new text begin Subd. 6. new text end
new text begin Access to data. new text end
new text begin
(a) With regard to data on debtors provided by the
commissioner to a financial institution under subdivision 4, the financial institution shall
retain the reported information only until the financial institution's database is compared
against the commissioner's database. Data that does not pertain to an account holder at
the financial institution must be immediately destroyed, and no retention or publication
of that data shall be made by the financial institution. None of the data provided by the
commissioner may be used for solicitation or other commercial purposes by the financial
institutions or other commercial entities.
new text end
new text begin
(b) All account information provided by a financial institution that pertains to a
debtor listed in the commissioner's database must be incorporated into the commissioner's
database. Access to that data is governed by chapters 13 and 270B. Notwithstanding
section 16D.06, data collected pursuant to this section is available for the collection of
delinquent taxes only and is not available for other debt collection activities undertaken by
the state.
new text end
new text begin Subd. 7. new text end
new text begin Fees. new text end
new text begin
A financial institution may charge and collect a fee from the
commissioner for providing account information to the commissioner. The commissioner
may pay a financial institution up to $150 each quarter. The commissioner shall develop
procedures for the financial institutions to charge and collect the fee. Payment of the fee
is limited by the amount of the appropriation for this purpose. If the appropriation is
insufficient, or if fund availability in the fourth quarter would allow payments for actual
costs in excess of $150, the commissioner shall prorate the available funds among the
financial institutions that have submitted a claim for the fee. No financial institution shall
charge or collect a fee that exceeds its actual costs of complying with this section.
new text end
new text begin Subd. 8. new text end
new text begin Failure to respond to request for information. new text end
new text begin
The commissioner shall
send a written notice of noncompliance to a financial institution that fails to respond to a
first written request for information under this section. The notice must be sent by certified
mail and must explain the requirements of this section and advise the financial institution
of the penalty for noncompliance. A financial institution that receives a second notice of
noncompliance is subject to a civil penalty of $1,000 for its failure to comply. A financial
institution that continues to fail to comply with this section is subject to a civil penalty of
$5,000 for the third and each subsequent failure to comply. These penalties are imposed
and collected under section 270C.33, subdivision 4, paragraph (a), clause (5).
new text end
new text begin Subd. 9. new text end
new text begin Confidentiality. new text end
new text begin
A financial institution furnishing a report to the
commissioner under this section is prohibited from disclosing to a debtor that the name of
the debtor has been received from or furnished to the commissioner.
new text end
new text begin Subd. 10. new text end
new text begin Immunity. new text end
new text begin
A financial institution that provides or reasonably attempts to
provide information to the commissioner in compliance with this section is not liable to
any person for disclosing the information or for taking any other action in good faith as
authorized by this section.
new text end
new text begin Subd. 11. new text end
new text begin Civil action for unauthorized disclosure by financial institution. new text end
new text begin
(a)
An account holder may bring a civil action in district court against a financial institution
for unauthorized disclosure of data received from the commissioner under subdivision 4.
A financial institution found to have violated this subdivision shall be liable as provided in
paragraph (b) or (c).
new text end
new text begin
(b) Any financial institution that willfully and maliciously discloses data received
from the commissioner under subdivision 4 is liable to that account holder in an amount
equal to the sum of:
new text end
new text begin
(1) any actual damages sustained by the account holder as a result of the disclosure;
and
new text end
new text begin
(2) in the case of any successful action to enforce any liability under this subdivision,
the costs of the action taken plus reasonable attorney fees as determined by the court.
new text end
new text begin
(c) Any financial institution that negligently discloses data received from the
commissioner under subdivision 4 is liable to that account holder in an amount equal to
any actual damages sustained by the account holder as a result of the disclosure.
new text end
new text begin
(d) A financial institution shall not be held liable in any action brought under this
subdivision if the financial institution shows, by a preponderance of evidence, that the
disclosure was not intentional and resulted from a bona fide error notwithstanding the
maintenance of procedures reasonably adopted to avoid any error.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2008.
new text end
Sec. 14.
Minnesota Statutes 2006, section 15.06, subdivision 8, is amended to read:
Subd. 8.
Number of deputy commissioners.
deleted text begin Unless specifically authorized by
statute, other than section 43A.08, subdivision 2,deleted text end No department or agency specified in
subdivision 1 shall have more than one deputy commissioner.
Sec. 15.
Minnesota Statutes 2006, section 16B.03, is amended to read:
16B.03 APPOINTMENTS.
The commissioner is authorized to appoint staff, including deleted text begin twodeleted text end new text begin one new text end deputy
deleted text begin commissionersdeleted text end new text begin commissionernew text end , in accordance with chapter 43A.
Sec. 16.
Minnesota Statutes 2006, section 43A.03, subdivision 3, is amended to read:
Subd. 3.
Organization.
The department shall be organized into two bureaus which
shall be designated the Personnel Bureau and the Labor Relations Bureau. Each bureau
shall be responsible for administering the duties and functions assigned to it by law.
When the duties of the bureaus are not mandated by law, the commissioner may establish
and revise the assignments of either bureau. deleted text begin Each bureau shall be under the direction of
a deputy commissioner.
deleted text end
Sec. 17.
Minnesota Statutes 2006, section 43A.08, subdivision 1, is amended to read:
Subdivision 1.
Unclassified positions.
Unclassified positions are held by employees
who are:
(1) chosen by election or appointed to fill an elective office;
(2) heads of agencies required by law to be appointed by the governor or other
elective officers, and the executive or administrative heads of departments, bureaus,
divisions, and institutions specifically established by law in the unclassified service;
(3) deputy deleted text begin and assistantdeleted text end agency heads and one confidential secretary in the agencies
listed in deleted text begin subdivision 1a and in the Office of Strategic and Long-Range Planningdeleted text end new text begin section
15.06, subdivision 1new text end ;
(4) the confidential secretary to each of the elective officers of this state and, for the
secretary of state and state auditor, an additional deputy, clerk, or employee;
(5) intermittent help employed by the commissioner of public safety to assist in
the issuance of vehicle licenses;
(6) employees in the offices of the governor and of the lieutenant governor and one
confidential employee for the governor in the Office of the Adjutant General;
(7) employees of the Washington, D.C., office of the state of Minnesota;
(8) employees of the legislature and of legislative committees or commissions;
provided that employees of the Legislative Audit Commission, except for the legislative
auditor, the deputy legislative auditors, and their confidential secretaries, shall be
employees in the classified service;
(9) presidents, vice-presidents, deans, other managers and professionals in
academic and academic support programs, administrative or service faculty, teachers,
research assistants, and student employees eligible under terms of the federal Economic
Opportunity Act work study program in the Perpich Center for Arts Education and the
Minnesota State Colleges and Universities, but not the custodial, clerical, or maintenance
employees, or any professional or managerial employee performing duties in connection
with the business administration of these institutions;
(10) officers and enlisted persons in the National Guard;
(11) attorneys, legal assistants, and three confidential employees appointed by the
attorney general or employed with the attorney general's authorization;
(12) judges and all employees of the judicial branch, referees, receivers, jurors, and
notaries public, except referees and adjusters employed by the Department of Labor
and Industry;
(13) members of the State Patrol; provided that selection and appointment of State
Patrol troopers must be made in accordance with applicable laws governing the classified
service;
(14) examination monitors and intermittent training instructors employed by the
Departments of Employee Relations and Commerce and by professional examining boards
and intermittent staff employed by the technical colleges for the administration of practical
skills tests and for the staging of instructional demonstrations;
(15) student workers;
(16) executive directors or executive secretaries appointed by and reporting to any
policy-making board or commission established by statute;
(17) employees unclassified pursuant to other statutory authority;
(18) intermittent help employed by the commissioner of agriculture to perform
duties relating to pesticides, fertilizer, and seed regulation;
(19) the administrators and the deputy administrators at the State Academies for the
Deaf and the Blind; and
(20) chief executive officers in the Department of Human Services.
Sec. 18.
new text begin
[43A.187] BLOOD DONATION LEAVE.
new text end
new text begin
A state employee must be granted leave from work with 100 percent of pay to donate
blood at a location away from the place of work. The total amount of leave used under this
paragraph may not exceed three hours in a 12-month period, and must be determined by
the employee. A state employee seeking leave from work under this section must provide
14 days notice to the appointing authority. This leave must not affect the employee's
vacation leave, pension, compensatory time, personal vacation days, sick leave, earned
overtime accumulation, or cause a loss of seniority. For the purposes of this section, "state
employee" does not include an employee of the Minnesota State Colleges and Universities.
new text end
Sec. 19.
Minnesota Statutes 2006, section 45.013, is amended to read:
45.013 POWER TO APPOINT STAFF.
The commissioner of commerce may appoint deleted text begin fourdeleted text end new text begin onenew text end deputy deleted text begin commissioners, four
assistant commissioners, and an assistant to thedeleted text end commissionerdeleted text begin . Those positions, as well as
that ofdeleted text end new text begin andnew text end a confidential secretarydeleted text begin , aredeleted text end new text begin in thenew text end unclassifiednew text begin servicenew text end . The commissioner may
appoint other employees necessary to carry out the duties and responsibilities entrusted to
the commissioner.
Sec. 20.
Minnesota Statutes 2006, section 84.01, subdivision 3, is amended to read:
Subd. 3.
Employees; delegation.
deleted text begin Subject to the provisions of Laws 1969, chapter
1129, and to other applicable lawsdeleted text end The commissioner shall organize the department and
employ deleted text begin up to three assistant commissioners, each of whom shall serve at the pleasure of
the commissioner in the unclassified service, one of whom shall have responsibility for
coordinating and directing the planning of every division within the agency, and such otherdeleted text end
officers, employees, and agents as the commissioner may deem necessary to discharge the
functions of the department, define the duties of such officers, employees, and agents and
to delegate to them any of the commissioner's powers, duties, and responsibilities subject
to the control of, and under the conditions prescribed by, the commissioner. Appointments
to exercise delegated power shall be by written order filed with the secretary of state.
Sec. 21.
Minnesota Statutes 2006, section 116.03, subdivision 1, is amended to read:
Subdivision 1.
Office.
(a) The office of commissioner of the Pollution Control
Agency is created and is under the supervision and control of the commissioner, who is
appointed by the governor under the provisions of section 15.06.
(b) The commissioner may appoint a deputy commissioner deleted text begin and assistant
commissionersdeleted text end who shall be in the unclassified service.
(c) The commissioner shall make all decisions on behalf of the agency that are not
required to be made by the agency under section 116.02.
Sec. 22.
Minnesota Statutes 2006, section 116J.01, subdivision 5, is amended to read:
Subd. 5.
Departmental organization.
(a) The commissioner shall organize the
department as provided in section 15.06.
(b) The commissioner may establish divisions and offices within the department.
deleted text begin The commissioner may employ four deputy commissioners in the unclassified service.
deleted text end
(c) The commissioner shall:
(1) employ assistants and other officers, employees, and agents that the commissioner
considers necessary to discharge the functions of the commissioner's office;
(2) define the duties of the officers, employees, and agents, and delegate to them any
of the commissioner's powers, duties, and responsibilities, subject to the commissioner's
control and under conditions prescribed by the commissioner.
(d) The commissioner shall ensure that there are at least three employment and
economic development officers in state offices in nonmetropolitan areas of the state who
will work with local units of government on developing local employment and economic
development.
Sec. 23.
Minnesota Statutes 2006, section 116J.035, subdivision 4, is amended to read:
Subd. 4.
Delegation of powers.
The commissioner may delegate, in written orders
filed with the secretary of state, any powers or duties subject to the commissioner's
control to officers and employees in the department. Regardless of any other law, the
commissioner may delegate the execution of specific contracts or specific types of
contracts to the commissioner's deleted text begin deputiesdeleted text end new text begin deputynew text end , an assistant commissioner, or a program
director if the delegation has been approved by the commissioner of administration and
filed with the secretary of state.
Sec. 24.
Minnesota Statutes 2006, section 174.02, subdivision 2, is amended to read:
Subd. 2.
Unclassified positions.
The commissioner new text begin shall appoint a deputy
commissioner/chief engineer. The deputy commissioner/chief engineer must be licensed
as a professional engineer under section 326.02. The commissioner new text end may establish deleted text begin fourdeleted text end new text begin
three new text end positions in the unclassified service at the deleted text begin deputy anddeleted text end assistant commissioner,
assistant to commissionernew text begin ,new text end or personal secretary levels. deleted text begin No more than two of these
positions shall be at the deputy commissioner level.
deleted text end
Sec. 25.
new text begin
[181.9458] AUTHORIZATION FOR BLOOD DONATION LEAVE.
new text end
new text begin
An employer may grant paid leave from work to an employee to allow the employee
to donate blood.
new text end
Sec. 26.
Minnesota Statutes 2006, section 241.01, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Divisions; deputiesdeleted text end new text begin Deputynew text end .
The commissioner of corrections may
appoint and employ deleted text begin no more than twodeleted text end new text begin anew text end deputy deleted text begin commissionersdeleted text end new text begin commissionernew text end . The
commissioner may also appoint a personal secretary, who shall serve at the commissioner's
pleasure in the unclassified civil service.
Sec. 27. new text begin STATEWIDE ELECTRONIC LICENSING SYSTEM SURCHARGE.
new text end
new text begin
From July 1, 2008, to June 30, 2011, a state agency shall impose a surcharge of $10
on each business or commercial license, and a surcharge of $5 on each professional or
occupational license, issued or renewed by the agency. Receipts from the surcharge must
be deposited in the state treasury. Until June 30, 2009, the receipts must be credited to the
general fund. After July 1, 2009, the receipts must be credited to a statewide electronic
licensing system account in the special revenue fund. Money in the statewide electronic
licensing system account is appropriated to the Office of Enterprise Technology to develop
and implement the statewide electronic licensing system.
new text end
Sec. 28. new text begin APPROPRIATION REDUCTION.
new text end
new text begin
The commissioner of finance shall determine the costs of salaries and economic
benefits attributable to the positions eliminated by this article and reduce the appropriation
to each affected agency accordingly. The total reduction to general fund appropriations
must be at least $3,694,000 for the fiscal year ending June 30, 2009.
new text end
Sec. 29. new text begin BUDGET RESERVE REDUCTION.
new text end
new text begin
On July 1, 2008, the commissioner of finance shall cancel $100,000,000 of the
balance in the budget reserve account in Minnesota Statutes, section 16A.152, to the
general fund.
new text end
Sec. 30. new text begin CASH FLOW ACCOUNT REDUCTION.
new text end
new text begin
On July 1, 2008, the commissioner of finance shall cancel $350,000,000 of the
balance in the cash flow account in Minnesota Statutes, section 16A.152, to the general
fund.
new text end
Sec. 31. new text begin PROFESSIONAL AND TECHNICAL CONTRACTS.
new text end
new text begin
By July 1, 2008, the commissioner of finance shall allocate a reduction of $5,000,000
among the general fund appropriations for fiscal year 2009 to executive branch state
agencies, as defined in Minnesota Statutes, section 16A.011, subdivision 12a. To the
extent possible, this reduction must be achieved through reductions in expenditures for
professional and technical contracts, as defined in Minnesota Statutes, section 16C.08,
subdivision 1. Executive branch state agencies shall cooperate with the commissioner
of finance in developing and implementing the reductions. Any reductions that cannot
be achieved through savings in professional and technical contracts must be allocated
proportionally across executive branch state agency operating budgets. For purposes of
this subdivision, "executive branch state agency" does not include the Minnesota State
Colleges and Universities. By January 15, 2009, the commissioner of finance shall report
to the chairs and ranking minority members of the legislative committees with jurisdiction
over finance regarding the amount of the reductions in professional and technical contract
spending by each agency.
new text end
Sec. 32. new text begin NONESSENTIAL TRAVEL REDUCTION.
new text end
new text begin
To the extent possible, reductions in agency operating budgets must be achieved
through savings resulting from the elimination of all nonessential travel during the period
ending June 30, 2009. "Nonessential" travel includes travel for purposes not directly
related to the agency's statutory obligations.
new text end
Sec. 33. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, section 240A.08,
new text end
new text begin
is repealed effective July 1, 2009.
new text end
ARTICLE 20
HEALTH CARE
Section 1.
Minnesota Statutes 2007 Supplement, section 144E.45, subdivision 2, is
amended to read:
Subd. 2.
Potential allocations.
(a) On November 1, annually, the board or the
board's designee under section 144E.40, subdivision 2, shall determine the amount of the
allocation of the prior year's accumulation to each qualified ambulance service person.
The prior year's net investment gain or loss under paragraph (b) must be allocated
and that year's general fund appropriation, plus any transfer from the Cooper/Sams
volunteer ambulance account under section 144E.42, subdivision 2, and after deduction of
administrative expenses, also must be allocated.
(b) The difference in the market value of the assets of the Cooper/Sams volunteer
ambulance trust account as of the immediately previous June 30 and the June 30 occurring
12 months earlier must be reported on or before August 15 by the State Board of
Investment. The market value gain or loss must be expressed as a percentage of the total
potential award accumulations as of the immediately previous June 30, and that positive or
negative percentage must be applied to increase or decrease the recorded potential award
accumulation of each qualified ambulance service person.
(c) The appropriation for this purpose, after deduction of administrative expenses,
must be divided by the total number of additional ambulance service personnel years
of service recognized since the last allocation or 1,000 years of service, whichever is
greater. If the allocation is based on the 1,000 years of service, any allocation not made
for a qualified ambulance service person must be credited to the Cooper/Sams volunteer
ambulance account under section 144E.42, subdivision 2. A qualified ambulance service
person must be credited with a year of service if the person is certified by the chief
administrative officer of the ambulance service as having rendered active ambulance
service during the 12 months ending as of the immediately previous June 30. If the person
has rendered prior active ambulance service, the person must be additionally credited with
one-fifth of a year of service for each year of active ambulance service rendered before
June 30, 1993, but not to exceed in any year one additional year of service or to exceed
in total five years of prior service. Prior active ambulance service means employment
by or the provision of service to a licensed ambulance service before June 30, 1993, as
determined by the person's current ambulance service based on records provided by the
person that were contemporaneous to the service. The prior ambulance service must be
reported on or before August 1 to the board in an affidavit from the chief administrative
officer of the ambulance service.
new text begin
(d) Effective July 1, 2008, notwithstanding paragraphs (a) to (c), the value of each
service credit shall be $447.19.
new text end
Sec. 2.
Minnesota Statutes 2007 Supplement, section 245.4682, subdivision 3, is
amended to read:
Subd. 3.
Projects for coordination of care.
(a) Consistent with section 256B.69
and chapters 256D and 256L, the commissioner is authorized to solicit, approve, and
implement up to three projects to demonstrate the integration of physical and mental
health services within prepaid health plans and their coordination with social services.
The commissioner shall require that each project be based on locally defined partnerships
that include at least one health maintenance organization, community integrated service
network, or accountable provider network authorized and operating under chapter 62D,
62N, or 62T, deleted text begin or county-based purchasing entity under section 256B.692 that is eligible
to contract with the commissioner as a prepaid health plan,deleted text end and the county or counties
within the service area. new text begin In addition to the three projects, the commissioner may approve
and implement additional projects with one or more county-based purchasing plans
under section 256B.692 that are eligible to contract with the commissioner as a prepaid
health plan and that meet the commissioner's requirements for operating a project under
this subdivision. new text end Counties shall retain responsibility and authority for social services in
these locally defined partnerships.
(b) The commissioner, in consultation with consumers, families, and their
representatives, shall:
(1) determine criteria for approving the projects and use those criteria to solicit
proposals for preferred integrated networks. The commissioner must develop criteria to
evaluate the partnership proposed by the county and prepaid health plan to coordinate
access and delivery of services. The proposal must at a minimum address how the
partnership will coordinate the provision of:
(i) client outreach and identification of health and social service needs paired with
expedited access to appropriate resources;
(ii) activities to maintain continuity of health care coverage;
(iii) children's residential mental health treatment and treatment foster care;
(iv) court-ordered assessments and treatments;
(v) prepetition screening and commitments under chapter 253B;
(vi) assessment and treatment of children identified through mental health screening
of child welfare and juvenile corrections cases;
(vii) home and community-based waiver services;
(viii) assistance with finding and maintaining employment;
(ix) housing; and
(x) transportation;
(2) determine specifications for contracts with prepaid health plans to improve the
plan's ability to serve persons with mental health conditions, including specifications
addressing:
(i) early identification and intervention of physical and behavioral health problems;
(ii) communication between the enrollee and the health plan;
(iii) facilitation of enrollment for persons who are also eligible for a Medicare
special needs plan offered by the health plan;
(iv) risk screening procedures;
(v) health care coordination;
(vi) member services and access to applicable protections and appeal processes;
(vii) specialty provider networks;
(viii) transportation services;
(ix) treatment planning; and
(x) administrative simplification for providers;
(3) begin implementation of the projects no earlier than January 1, 2009, with not
more than 40 percent of the statewide population included during calendar year 2009 and
additional counties included in subsequent years;
(4) waive any administrative rule not consistent with the implementation of the
projects;
(5) allow potential bidders at least 90 days to respond to the request for proposals;
and
(6) conduct an independent evaluation to determine if mental health outcomes have
improved in that county or counties according to measurable standards designed in
consultation with the advisory body established under this subdivision and reviewed by
the State Advisory Council on Mental Health.
(c) Notwithstanding any statute or administrative rule to the contrary, the
commissioner may enroll all persons eligible for medical assistance with serious mental
illness or emotional disturbance in the prepaid plan of their choice within the project
service area unless:
(1) the individual is eligible for home and community-based services for persons
with developmental disabilities and related conditions under section 256B.092; or
(2) the individual has a basis for exclusion from the prepaid plan under section
256B.69, subdivision 4, other than disability, mental illness, or emotional disturbance.
(d) The commissioner shall involve organizations representing persons with mental
illness and their families in the development and distribution of information used to
educate potential enrollees regarding their options for health care and mental health
service delivery under this subdivision.
(e) If the person described in paragraph (c) does not elect to remain in fee-for-service
medical assistance, or declines to choose a plan, the commissioner may preferentially
assign that person to the prepaid plan participating in the preferred integrated network.
The commissioner shall implement the enrollment changes within a project's service area
on the timeline specified in that project's approved application.
(f) A person enrolled in a prepaid health plan under paragraphs (c) and (d) may
disenroll from the plan at any time.
(g) The commissioner, in consultation with consumers, families, and their
representatives, shall evaluate the projects begun in 2009, and shall refine the design of the
service integration projects before expanding the projects. The commissioner shall report
to the chairs of the legislative committees with jurisdiction over mental health services
by March 1, 2008, on plans for evaluation of preferred integrated networks established
under this subdivision.
(h) The commissioner shall apply for any federal waivers necessary to implement
these changes.
(i) Payment for Medicaid service providers under this subdivision for the months of
May and June will be made no earlier than July 1 of the same calendar year.
Sec. 3.
Minnesota Statutes 2006, section 256.969, subdivision 2b, is amended to read:
Subd. 2b.
Operating payment rates.
In determining operating payment rates for
admissions occurring on or after the rate year beginning January 1, 1991, and every two
years after, or more frequently as determined by the commissioner, the commissioner
shall obtain operating data from an updated base year and establish operating payment
rates per admission for each hospital based on the cost-finding methods and allowable
costs of the Medicare program in effect during the base year. Rates under the general
assistance medical care, medical assistance, and MinnesotaCare programs shall not be
rebased to more current data on January 1, 1997, deleted text begin anddeleted text end January 1, 2005new text begin , and for the first
year of the rebased period beginning January 1, 2009new text end . The base year operating payment
rate per admission is standardized by the case mix index and adjusted by the hospital
cost index, relative values, and disproportionate population adjustment. The cost and
charge data used to establish operating rates shall only reflect inpatient services covered
by medical assistance and shall not include property cost information and costs recognized
in outlier payments.
Sec. 4.
Minnesota Statutes 2006, section 256B.0571, subdivision 8, is amended to read:
Subd. 8.
Program established.
(a) The commissioner, in cooperation with the
commissioner of commerce, shall establish the Minnesota partnership for long-term care
program to provide for the financing of long-term care through a combination of private
insurance and medical assistance.
(b) An individual who meets the requirements in this paragraph is eligible to
participate in the partnership program. The individual must:
(1) be a Minnesota resident at the time coverage first became effective under the
partnership policy;new text begin and
new text end
(2) be a beneficiary of a partnership policy that (i) is issued on or after the effective
date of the state plan amendment implementing the partnership program in Minnesota, or
(ii) qualifies as a partnership policy under the provisions of subdivision 8adeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(3) have exhausted all of the benefits under the partnership policy as described in this
section. Benefits received under a long-term care insurance policy before July 1, 2006, do
not count toward the exhaustion of benefits required in this subdivision.
deleted text end
Sec. 5.
Minnesota Statutes 2006, section 256B.0571, subdivision 9, is amended to read:
Subd. 9.
Medical assistance eligibility.
(a) Upon application for medical assistance
program payment of long-term care services by an individual who meets the requirements
described in subdivision 8, the commissioner shall determine the individual's eligibility
for medical assistance according to paragraphs (b) to (i).
(b) After determining assets subject to the asset limit under section 256B.056,
subdivision 3 or 3c, or 256B.057, subdivision 9 or 10, the commissioner shall allow the
individual to designate assets to be protected from recovery under subdivisions 13 and
15 up to the dollar amount of the benefits utilized under the partnership policynew text begin as of the
effective date of eligibility for medical assistance program payment of long-term care
services. Benefits utilized under a long-term care insurance policy before July 1, 2006,
do not count for the purpose of determining the amount of assets that can be designatednew text end .
Designated assets shall be disregarded for purposes of determining eligibility for payment
of long-term care services.new text begin The dollar amount of benefits utilized must be equal to the
amount of claims paid by the issuer under the policy as verified by the issuer.
new text end
(c) The individual shall identify the designated assets and the full fair market value
of those assets and designate them as assets to be protected at the time of deleted text begin initialdeleted text end application
for medical assistancenew text begin payment of long-term care servicesnew text end . The full fair market value of
real property or interests in real property shall be based on the most recent full assessed
value for property tax purposes for the real property, unless the individual provides a
complete professional appraisal by a licensed appraiser to establish the full fair market
value. The extent of a life estate in real property shall be determined using the life estate
table in the health care program's manual. Ownership of any asset in joint tenancy shall be
treated as ownership as tenants in common for purposes of its designation as a disregarded
asset. The unprotected value of any protected asset is subject to estate recovery according
to subdivisions 13 and 15.
(d) The right to designate assets to be protected is personal to the individual and
ends when the individual dies, except as otherwise provided in subdivisions 13 and
15. It does not include the increase in the value of the protected asset and the income,
dividends, or profits from the asset. It may be exercised by the individual or by anyone
with the legal authority to do so on the individual's behalf. It shall not be sold, assigned,
transferred, or given away.
(e) deleted text begin If the dollar amount of the benefits utilized under a partnership policy is greater
than the full fair market value of all assets protected at the time of the application for
medical assistance long-term care services,deleted text end new text begin As the individual continues to utilize benefits
under a partnership policy after eligibility for medical assistance payment of long-term
care services begins,new text end the individual may designatenew text begin , for additional protection, an increase
in the value of protected assets andnew text end additional assets that become available during the
individual's lifetime deleted text begin for protection under this sectiondeleted text end new text begin up to the amount of additional
benefits utilizednew text end . The individual must make the designation in writing to the county agency
no later than the last date on which the individual must report a change in circumstances to
the county agency, as provided for under the medical assistance program. deleted text begin Any excess used
for this purpose shall not be available to the individual's estate to protect assets in the estate
from recovery under section 256B.15 or 524.3-1202, or otherwise.deleted text end new text begin The amount used for
this purpose must reduce the unused amount of asset protection available to protect assets
in the individual's estate from recovery under section 256B.15 or 524.3-1202, or otherwise.
new text end
(f) This section applies only to estate recovery under United States Code, title 42,
section 1396p, subsections (a) and (b), and does not apply to recovery authorized by other
provisions of federal law, including, but not limited to, recovery from trusts under United
States Code, title 42, section 1396p, subsection (d)(4)(A) and (C), or to recovery from
annuities, or similar legal instruments, subject to section 6012, subsections (a) and (b), of
the Deficit Reduction Act of 2005, Public Law 109-171.
(g) An individual's protected assets owned by the individual's spouse who applies
for payment of medical assistance long-term care services shall not be protected assets or
disregarded for purposes of eligibility of the individual's spouse solely because they were
protected assets of the individual.
(h) Assets designated under this subdivision shall not be subject to penalty under
section 256B.0595.
(i) The commissioner shall otherwise determine the individual's eligibility
for payment of long-term care services according to medical assistance eligibility
requirements.
Sec. 6.
Minnesota Statutes 2006, section 256B.0625, subdivision 3c, is amended to
read:
Subd. 3c.
Health Services Policy Committee.
The commissioner, after receiving
recommendations from professional physician associations, professional associations
representing licensed nonphysician health care professionals, and consumer groups, shall
establish a 13-member Health Services Policy Committee, which consists of 12 voting
members and one nonvoting member. The Health Services Policy Committee shall advise
the commissioner regarding health services pertaining to the administration of health
care benefits covered under the medical assistance, general assistance medical care, and
MinnesotaCare programs. The Health Services Policy Committee shall meet at least
quarterly. The Health Services Policy Committee shall annually elect a physician chair
from among its members, who shall work directly with the commissioner's medical
director, to establish the agenda for each meeting.new text begin The Health Services Policy Committee
shall also recommend criteria for verifying centers of excellence for specific aspects of
medical care where a specific set of combined services, a volume of patients necessary to
maintain a high level of competency, or a specific level of technical capacity is associated
with improved health outcomes.
new text end
Sec. 7.
Minnesota Statutes 2006, section 256B.0625, subdivision 13e, is amended to
read:
Subd. 13e.
Payment rates.
(a) The basis for determining the amount of payment
shall be the lower of the actual acquisition costs of the drugs plus a fixed dispensing fee;
the maximum allowable cost set by the federal government or by the commissioner plus
the fixed dispensing fee; or the usual and customary price charged to the public. The
amount of payment basis must be reduced to reflect all discount amounts applied to the
charge by any provider/insurer agreement or contract for submitted charges to medical
assistance programs. The net submitted charge may not be greater than the patient liability
for the service. The pharmacy dispensing fee shall be $3.65, except that the dispensing fee
for intravenous solutions which must be compounded by the pharmacist shall be $8 per
bag, $14 per bag for cancer chemotherapy products, and $30 per bag for total parenteral
nutritional products dispensed in one liter quantities, or $44 per bag for total parenteral
nutritional products dispensed in quantities greater than one liter. Actual acquisition cost
includes quantity and other special discounts except time and cash discounts. new text begin Effective
July 1, 2008, to June 30, 2009, new text end the actual acquisition cost of a drug shall be estimated
by the commissioner, at average wholesale price minus deleted text begin 12deleted text end new text begin 13new text end percent. new text begin Effective July
1, 2009, and thereafter, the actual acquisition cost of a drug must be estimated by the
commissioner, at average whole price minus 12.75 percent. new text end The actual acquisition cost
of antihemophilic factor drugs shall be estimated at the average wholesale price minus
30 percent. The maximum allowable cost of a multisource drug may be set by the
commissioner and it shall be comparable to, but no higher than, the maximum amount
paid by other third-party payors in this state who have maximum allowable cost programs.
Establishment of the amount of payment for drugs shall not be subject to the requirements
of the Administrative Procedure Act.
(b) An additional dispensing fee of $.30 may be added to the dispensing fee paid
to pharmacists for legend drug prescriptions dispensed to residents of long-term care
facilities when a unit dose blister card system, approved by the department, is used. Under
this type of dispensing system, the pharmacist must dispense a 30-day supply of drug.
The National Drug Code (NDC) from the drug container used to fill the blister card must
be identified on the claim to the department. The unit dose blister card containing the
drug must meet the packaging standards set forth in Minnesota Rules, part 6800.2700,
that govern the return of unused drugs to the pharmacy for reuse. The pharmacy provider
will be required to credit the department for the actual acquisition cost of all unused
drugs that are eligible for reuse. Over-the-counter medications must be dispensed in the
manufacturer's unopened package. The commissioner may permit the drug clozapine to be
dispensed in a quantity that is less than a 30-day supply.
(c) Whenever a generically equivalent product is available, payment shall be on the
basis of the actual acquisition cost of the generic drug, or on the maximum allowable cost
established by the commissioner.
(d) The basis for determining the amount of payment for drugs administered in an
outpatient setting shall be the lower of the usual and customary cost submitted by the
provider or the amount established for Medicare by the United States Department of
Health and Human Services pursuant to title XVIII, section 1847a of the federal Social
Security Act.
(e) The commissioner may negotiate lower reimbursement rates for specialty
pharmacy products than the rates specified in paragraph (a). The commissioner may
require individuals enrolled in the health care programs administered by the department
to obtain specialty pharmacy products from providers with whom the commissioner has
negotiated lower reimbursement rates. Specialty pharmacy products are defined as those
used by a small number of recipients or recipients with complex and chronic diseases
that require expensive and challenging drug regimens. Examples of these conditions
include, but are not limited to: multiple sclerosis, HIV/AIDS, transplantation, hepatitis
C, growth hormone deficiency, Crohn's Disease, rheumatoid arthritis, and certain forms
of cancer. Specialty pharmaceutical products include injectable and infusion therapies,
biotechnology drugs, high-cost therapies, and therapies that require complex care. The
commissioner shall consult with the formulary committee to develop a list of specialty
pharmacy products subject to this paragraph. In consulting with the formulary committee
in developing this list, the commissioner shall take into consideration the population
served by specialty pharmacy products, the current delivery system and standard of care in
the state, and access to care issues. The commissioner shall have the discretion to adjust
the reimbursement rate to prevent access to care issues.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2008.
new text end
Sec. 8.
Minnesota Statutes 2007 Supplement, section 256B.0631, subdivision 1,
is amended to read:
Subdivision 1.
Co-payments.
(a) Except as provided in subdivision 2, the medical
assistance benefit plan shall include the following co-payments for all recipients, effective
for services provided on or after October 1, 2003, and before January 1, 2009:
(1) $3 per nonpreventive visit. For purposes of this subdivision, a visit means an
episode of service which is required because of a recipient's symptoms, diagnosis, or
established illness, and which is delivered in an ambulatory setting by a physician or
physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse,
audiologist, optician, or optometrist;
(2) $3 for eyeglasses;
(3) $6 for nonemergency visits to a hospital-based emergency room; and
(4) $3 per brand-name drug prescription and $1 per generic drug prescription,
subject to a $12 per month maximum for prescription drug co-payments. No co-payments
shall apply to antipsychotic drugs when used for the treatment of mental illness.
(b) Except as provided in subdivision 2, the medical assistance benefit plan shall
include the following co-payments for all recipients, effective for services provided on
or after January 1, 2009:
(1) $6 for nonemergency visits to a hospital-based emergency room; deleted text begin and
deleted text end
(2) $3 per brand-name drug prescription and $1 per generic drug prescription,
subject to a $7 per month maximum for prescription drug co-payments. No co-payments
shall apply to antipsychotic drugs when used for the treatment of mental illnessdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) for individuals with income at or below 100 percent of the federal poverty
guidelines, total monthly co-payments must not exceed five percent of family income.
For purposes of this paragraph, family income is the total earned and unearned income of
the individual and the individual's spouse, if the spouse is enrolled in medical assistance
and also subject to the five percent limit on co-payments.
new text end
(c) Recipients of medical assistance are responsible for all co-payments in this
subdivision.
Sec. 9.
Minnesota Statutes 2007 Supplement, section 256B.0631, subdivision 3,
is amended to read:
Subd. 3.
Collection.
(a) The medical assistance reimbursement to the provider shall
be reduced by the amount of the co-payment, except that deleted text begin reimbursement for prescription
drugsdeleted text end new text begin reimbursementsnew text end shall not be reducednew text begin :
new text end
new text begin (1)new text end once a recipient has reached the $12 per month maximum or the $7 per month
maximum effective January 1, 2009, for prescription drug co-paymentsnew text begin ; or
new text end
new text begin (2) for a recipient under 100 percent of the federal poverty guidelines who has met
their monthly five percent co-payment limitnew text end .
(b) The provider collects the co-payment from the recipient. Providers may not deny
services to recipients who are unable to pay the co-payment.
(c) Medical assistance reimbursement to fee-for-service providers and payments to
managed care plans shall not be increased as a result of the removal of the co-payments
effective January 1, 2009.
Sec. 10.
Minnesota Statutes 2006, section 256B.69, subdivision 5a, is amended to read:
Subd. 5a.
Managed care contracts.
(a) Managed care contracts under this section
and sections 256L.12 and 256D.03, shall be entered into or renewed on a calendar year
basis beginning January 1, 1996. Managed care contracts which were in effect on June
30, 1995, and set to renew on July 1, 1995, shall be renewed for the period July 1, 1995
through December 31, 1995 at the same terms that were in effect on June 30, 1995. The
commissioner may issue separate contracts with requirements specific to services to
medical assistance recipients age 65 and older.
(b) A prepaid health plan providing covered health services for eligible persons
pursuant to chapters 256B, 256D, and 256L, is responsible for complying with the terms
of its contract with the commissioner. Requirements applicable to managed care programs
under chapters 256B, 256D, and 256L, established after the effective date of a contract
with the commissioner take effect when the contract is next issued or renewed.
(c) Effective for services rendered on or after January 1, 2003, the commissioner
shall withhold five percent of managed care plan payments under this section for the
prepaid medical assistance and general assistance medical care programs pending
completion of performance targets. Each performance target must be quantifiable,
objective, measurable, and reasonably attainable, except in the case of a performance
target based on a federal or state law or rule. Criteria for assessment of each performance
target must be outlined in writing prior to the contract effective date. The withheld funds
must be returned no sooner than July of the following year if performance targets in the
contract are achieved. The commissioner may exclude special demonstration projects
under subdivision 23. A managed care plan or a county-based purchasing plan under
section 256B.692 may include as admitted assets under section 62D.044 any amount
withheld under this paragraph that is reasonably expected to be returned.
new text begin
(d)(1) Effective for services rendered on or after January 1, 2009, the commissioner
shall withhold an additional three percent of managed care plan payments under this
section for the prepaid medical assistance and general assistance medical care programs.
The withheld funds must be returned no sooner than July 1 and no later than July 31 of
the following year. The commissioner may exclude special demonstration projects under
subdivision 23.
new text end
new text begin
(2) A managed care plan or a county-based purchasing plan under section 256B.692
may include as admitted assets under section 62D.044 any amount withheld under this
paragraph that is reasonably expected to be returned.
new text end
Sec. 11.
Minnesota Statutes 2006, section 256B.75, is amended to read:
256B.75 HOSPITAL OUTPATIENT REIMBURSEMENT.
(a) For outpatient hospital facility fee payments for services rendered on or after
October 1, 1992, the commissioner of human services shall pay the lower of (1) submitted
charge, or (2) 32 percent above the rate in effect on June 30, 1992, except for those
services for which there is a federal maximum allowable payment. Effective for services
rendered on or after January 1, 2000, payment rates for nonsurgical outpatient hospital
facility fees and emergency room facility fees shall be increased by eight percent over the
rates in effect on December 31, 1999, except for those services for which there is a federal
maximum allowable payment. Services for which there is a federal maximum allowable
payment shall be paid at the lower of (1) submitted charge, or (2) the federal maximum
allowable payment. Total aggregate payment for outpatient hospital facility fee services
shall not exceed the Medicare upper limit. If it is determined that a provision of this
section conflicts with existing or future requirements of the United States government with
respect to federal financial participation in medical assistance, the federal requirements
prevail. The commissioner may, in the aggregate, prospectively reduce payment rates to
avoid reduced federal financial participation resulting from rates that are in excess of
the Medicare upper limitations.
(b) Notwithstanding paragraph (a), payment for outpatient, emergency, and
ambulatory surgery hospital facility fee services for critical access hospitals designated
under section 144.1483, clause (10), shall be paid on a cost-based payment system that is
based on the cost-finding methods and allowable costs of the Medicare program.
(c) Effective for services provided on or after July 1, 2003, rates that are based
on the Medicare outpatient prospective payment system shall be replaced by a budget
neutral prospective payment system that is derived using medical assistance data. The
commissioner shall provide a proposal to the 2003 legislature to define and implement
this provision.
(d) For fee-for-service services provided on or after July 1, 2002, the total payment,
before third-party liability and spenddown, made to hospitals for outpatient hospital
facility services is reduced by .5 percent from the current statutory rate.
(e) In addition to the reduction in paragraph (d), the total payment for fee-for-service
services provided on or after July 1, 2003, made to hospitals for outpatient hospital
facility services before third-party liability and spenddown, is reduced five percent from
the current statutory rates. Facilities defined under section 256.969, subdivision 16, are
excluded from this paragraph.
new text begin
(f) In addition to the reductions in paragraphs (d) and (e), the total payment for
fee-for-service services provided on or after July 1, 2008, made to hospitals for outpatient
hospital facility services before third-party liability and spenddown, is reduced three
percent from the current statutory rates. Mental health services and facilities defined under
section 256.969, subdivision 16, are excluded from this paragraph.
new text end
Sec. 12. new text begin PRIOR AUTHORIZATION OF UNNECESSARY AND INEFFECTIVE
HEALTH CARE SERVICES.
new text end
new text begin
(a) The commissioner of human services shall review the prioritized list of services
from the Oregon Health Plan dated January 1, 2008, and the services that have been
assessed by the state of Washington's Health Technology Assessment Program.
new text end
new text begin
(b) Based on this review, the commissioner shall identify at least 20 services
that do not currently require prior authorization but provide little or no benefit to the
enrollee. Effective for these identified services rendered on or after July 1, 2008, the
commissioner shall require prior authorization before reimbursement is provided under
medical assistance, general assistance medical care, or the MinnesotaCare program.
new text end
new text begin
(c) By July 1, 2008, the commissioner shall submit a list of these services identified
under this section to the senate and house policy and finance chairs that have jurisdiction
over human services.
new text end
Sec. 13. new text begin EXCESS SURPLUS AND ADMINISTRATIVE COSTS.
new text end
new text begin
(a) The commissioner of human services, in consultation with the commissioner of
health, shall determine the amount of excess surplus each health maintenance organization
and county-based purchasing plan had as of December 31, 2007. A health maintenance
organization and a county-based purchasing plan shall be determined to have excess
surplus if, as of December 31, 2007, its total adjusted capital met both of the following
conditions:
new text end
new text begin
(1) total adjusted capital was greater than the product of 5.5 and the authorized
control level risk-based capital; and
new text end
new text begin
(2) total adjusted capital was greater than the sum of the action level risk-based
capital and $100,000,000.
new text end
new text begin
(b) Effective for payments made on or after January 1, 2009, the commissioner
of human services shall reduce the capitation rate paid to each health maintenance
organization for administrative costs under Minnesota Statutes, section 256B.69, and
the capitation rate paid to each county-based purchasing plan for administrative costs
under Minnesota Statutes, section 256B.692, by an amount that equals 50 percent of the
difference between the total adjusted capital as of December 31, 2007, and the product of
5.5 and the authorized control level of risk-based capital as of December 31, 2007.
new text end
ARTICLE 21
MINNESOTA SEX OFFENDER PROGRAM (MSOP)
Section 1.
new text begin
[246B.06] ESTABLISHMENT OF MINNESOTA STATE INDUSTRIES.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; purpose. new text end
new text begin
(a) The commissioner of human
services may establish, equip, maintain, and operate the Minnesota State Industries at
any Minnesota sex offender program facility under this chapter. The commissioner
may establish industrial and commercial activities for sex offender treatment patients
as the commissioner deems necessary and suitable to the profitable employment,
educational training, and development of proper work habits of patients consistent with
the requirements in section 246B.05. The industrial and commercial activities authorized
by this section are designated Minnesota State Industries and must be for the primary
purpose of sustaining and ensuring Minnesota State Industries' self-sufficiency, providing
educational training, meaningful employment, and the teaching of proper work habits to
the patients of the Minnesota sex offender program under this chapter, and not solely as
competitive business ventures.
new text end
new text begin
(b) The net profits from Minnesota State Industries must be used for the benefit
of the patients as it relates to building education and self-sufficiency skills. Prior to
the establishment of any industrial and commercial activity, the commissioner of
human services may consult with stakeholders including representatives of business,
industry, organized labor, the commissioner of education, the state Apprenticeship
Council, the commissioner of labor and industry, the commissioner of employment and
economic development, the commissioner of administration, and other stakeholders the
commissioner deems qualified. The purpose of the stakeholder consultation is to determine
the quantity and nature of the goods, wares, merchandise, and services to be made or
provided, and the types of processes to be used in their manufacture, processing, repair,
and production consistent with the greatest opportunity for the reform and educational
training of the patients, and with the best interests of the state, business, industry, and labor.
new text end
new text begin
(c) The commissioner of human services shall, at all times in the conduct of any
industrial or commercial activity authorized by this section, utilize patient labor to the
greatest extent feasible, provided that the commissioner may employ all administrative,
supervisory, and other skilled workers necessary to the proper instruction of the patients
and the profitable and efficient operation of the industrial and commercial activities
authorized by this section.
new text end
new text begin
(d) The commissioner of human services may authorize the director of any
Minnesota sex offender treatment facility under the commissioner's control to accept
work projects from outside sources for processing, fabrication, or repair, provided that
preference is given to the performance of work projects for state departments and agencies.
new text end
new text begin Subd. 2. new text end
new text begin Revolving fund. new text end
new text begin
As described in section 246B.05, subdivision 2, there
is established a Minnesota State Industries revolving fund under the control of the
commissioner of human services. The revolving fund must be used for Minnesota State
Industries authorized under this section, including, but not limited to, the purchase of
equipment and raw materials, the payment of salaries and wages, and other necessary
expenses as determined by the commissioner of human services. The purchase of
services, materials, and commodities used in and held for resale are not subject to the
competitive bidding procedures of section 16C.06, but are subject to all other provisions
of chapters 16B and 16C. When practical, purchases must be made from small targeted
group businesses designated under section 16C.16. Additionally, the expenses of patient
educational training and self-sufficiency skills may be financed from the revolving fund
in an amount to be determined by the commissioner or designee. The proceeds and
income from all Minnesota State Industries conducted at the Minnesota sex offender
treatment facilities must be deposited in the revolving fund subject to disbursement under
subdivision 3. The commissioner of human services may request that money in the fund
be invested pursuant to section 11A.25. Proceeds from the investment not currently
needed must be accounted for separately and credited to the revolving fund.
new text end
new text begin Subd. 3. new text end
new text begin Disbursement from fund. new text end
new text begin
The Minnesota State Industries revolving
fund must be deposited in the state treasury and paid out only on proper vouchers as
authorized and approved by the commissioner of human services, and in the same manner
and under the same restrictions as are now provided by law for the disbursement of funds
by the commissioner. An amount deposited in the state treasury equal to six months
of net operating cash as determined by the prior 12 months of revenue and cash flow
statements must be restricted for use only by Minnesota State Industries as described
under subdivision 2. For purposes of this subdivision, "net operating cash" means net
income, minus sales, plus cost of goods sold. Cost of goods sold include all direct costs
of industry products attributable to the goods' production.
new text end
new text begin Subd. 4. new text end
new text begin Revolving fund; borrowing. new text end
new text begin
The commissioner of human services is
authorized to borrow sums of money as the commissioner deems necessary to meet
current demands on the Minnesota State Industries revolving fund. The sums borrowed
must not exceed, in any calendar year, six months of net operating cash as determined
by the previous 12 months of the industries' revenue and cash flow statements. If the
commissioner of human services determines that borrowing of funds is necessary, the
commissioner of human services shall certify this need to the commissioner of finance.
Funds may be borrowed from general fund appropriations to the Minnesota sex offender
program with the authorization of the commissioner of finance. Upon authorization of the
commissioner of finance, the transfer must be made and credited to the Minnesota State
Industries revolving fund. The sum transferred to the Minnesota State Industries revolving
fund must be repaid by the commissioner of human services from the revolving fund to
the fund from which it was transferred in a time period specified by the commissioner
of finance, but by no later than the end of the biennium, as defined in section 16A.011,
in which the loan is made. When any transfer is made to the Minnesota State Industries
revolving fund, the commissioner of finance shall notify the commissioner of human
services of the amount transferred to the fund and the date the transfer is to be repaid.
new text end
new text begin Subd. 5. new text end
new text begin Federal grant fund transfers. new text end
new text begin
Grants received by the commissioner of
human services from the federal government for any vocational training program or for
administration by the commissioner of human services must (1) be credited to a federal
grant fund and then (2) be transferred from the federal grant fund to the credit of the
commissioner of human services in the appropriate account upon certification by the
commissioner of human services that the amounts requested to be transferred have been
earned or are required for the purposes of this section. Funds received by the federal
grant fund need not be budgeted as such, provided transfers from the fund are budgeted
for allotment purposes in the appropriate appropriation.
new text end
new text begin Subd. 6. new text end
new text begin Wages. new text end
new text begin
Notwithstanding section 177.24 or any other law to the
contrary, wages paid to patients working within this program are at the discretion of the
commissioner of human services.
new text end
Sec. 2.
Minnesota Statutes 2006, section 253B.18, subdivision 4c, is amended to read:
Subd. 4c.
Special review board.
(a) The commissioner shall establish one or more
panels of a special review board deleted text begin for persons committed as mentally ill and dangerous to
the publicdeleted text end . The board shall consist of three members experienced in the field of mental
illness. One member of each special review board panel shall be a psychiatrist and one
member shall be an attorney. No member shall be affiliated with the Department of
Human Services. The special review board shall meet at least every six months and at
the call of the commissioner. It shall hear and consider all petitions for new text begin a reduction in
custody or to appeal a revocation of provisional discharge. A "reduction in custody"
means new text end transfer from a secure treatment facilitydeleted text begin ; all petitions fordeleted text end new text begin ,new text end discharge, new text begin and new text end provisional
dischargedeleted text begin , and revocation of provisional discharge; and make recommendations to the
commissioner concerning themdeleted text end . Patients may be transferred by the commissioner between
secure treatment facilities without a special review board hearing.
deleted text begin (b)deleted text end Members of the special review board shall receive compensation and
reimbursement for expenses as established by the commissioner.
new text begin
(b) A petition filed by a person committed as mentally ill and dangerous to the
public under this section must be heard as provided in subdivision 5 and, as applicable,
subdivision 13. A petition filed by a person committed as a sexual psychopathic
personality or as a sexually dangerous person under section 253B.185, or committed
as both mentally ill and dangerous to the public under this section and as a sexual
psychopathic personality or as a sexually dangerous person must be heard as provided in
section 253B.185, subdivision 9.
new text end
Sec. 3.
Minnesota Statutes 2006, section 253B.18, subdivision 5, is amended to read:
Subd. 5.
Petition; notice of hearing; attendance; order.
(a) A petition for deleted text begin an
order of transfer, discharge, provisional discharge,deleted text end new text begin a reduction in custody new text end or revocation of
provisional discharge shall be filed with the commissioner and may be filed by the patient
or by the head of the treatment facility. A patient may not petition the special review
board for six months following commitment under subdivision 3 or following the final
disposition of any previous petition and subsequent appeal by the patient. The medical
director may petition at any time.
(b) Fourteen days prior to the hearing, the committing court, the county attorney of
the county of commitment, the designated agency, interested person, the petitioner, and
the petitioner's counsel shall be given written notice by the commissioner of the time and
place of the hearing before the special review board. Only those entitled to statutory notice
of the hearing or those administratively required to attend may be present at the hearing.
The patient may designate interested persons to receive notice by providing the names
and addresses to the commissioner at least 21 days before the hearing. The board shall
provide the commissioner with written findings of fact and recommendations within 21
days of the hearing. The commissioner shall issue an order no later than 14 days after
receiving the recommendation of the special review board. A copy of the order shall be
deleted text begin sent by certified maildeleted text end new text begin mailednew text end to every person entitled to statutory notice of the hearing
within five days after it is signed. No order by the commissioner shall be effective sooner
than 30 days after the order is signed, unless the county attorney, the patient, and the
commissioner agree that it may become effective sooner.
(c) The special review board shall hold a hearing on each petition prior to making
its recommendation to the commissioner. The special review board proceedings are not
contested cases as defined in chapter 14. Any person or agency receiving notice that
submits documentary evidence to the special review board prior to the hearing shall also
provide copies to the patient, the patient's counsel, the county attorney of the county of
commitment, the case manager, and the commissioner.
(d) Prior to the final decision by the commissioner, the special review board may be
reconvened to consider events or circumstances that occurred subsequent to the hearing.
(e) In making their recommendations and order, the special review board and
commissioner must consider any statements received from victims under subdivision 5a.
Sec. 4.
Minnesota Statutes 2006, section 253B.18, subdivision 5a, is amended to read:
Subd. 5a.
Victim notification of petition and release; right to submit statement.
(a) As used in this subdivision:
(1) "crime" has the meaning given to "violent crime" in section 609.1095, and
includes criminal sexual conduct in the fifth degree and offenses within the definition of
"crime against the person" in section 253B.02, subdivision 4a, and also includes offenses
listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether they are
sexually motivated;
(2) "victim" means a person who has incurred loss or harm as a result of a crime
the behavior for which forms the basis for a commitment under this section or section
253B.185; and
(3) "convicted" and "conviction" have the meanings given in section 609.02,
subdivision 5, and also include juvenile court adjudications, findings under Minnesota
Rules of Criminal Procedure, Rule 20.02, that the elements of a crime have been proved,
and findings in commitment cases under this section or section 253B.185 that an act or
acts constituting a crime occurred.
(b) A county attorney who files a petition to commit a person under this section
or section 253B.185 shall make a reasonable effort to provide prompt notice of filing
the petition to any victim of a crime for which the person was convicted. In addition,
the county attorney shall make a reasonable effort to promptly notify the victim of the
resolution of the petition.
(c) Before provisionally discharging, discharging, granting pass-eligible status,
approving a pass plan, or otherwise permanently or temporarily releasing a person
committed under this section or section 253B.185 from a treatment facility, the head of the
treatment facility shall make a reasonable effort to notify any victim of a crime for which
the person was convicted that the person may be discharged or released and that the victim
has a right to submit a written statement regarding decisions of the medical director,
special review board, or commissioner with respect to the person. To the extent possible,
the notice must be provided at least 14 days before any special review board hearing or
before a determination on a pass plan.new text begin Notwithstanding section 611A.06, subdivision 4,
the commissioner shall provide the judicial appeal panel with victim information in order
to comply with the provisions of this section. The judicial appeal panel shall ensure that
the data on victims remains private as provided for in section 611A.06, subdivision 4.
new text end
(d) This subdivision applies only to victims who have requested notification by
contacting, in writing, the county attorney in the county where the conviction for the crime
occurred. A county attorney who receives a request for notification under this paragraph
shall promptly forward the request to the commissioner of human services.
(e) The rights under this subdivision are in addition to rights available to a victim
under chapter 611A. This provision does not give a victim all the rights of a "notified
person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5.
Sec. 5.
Minnesota Statutes 2006, section 253B.185, is amended by adding a
subdivision to read:
new text begin Subd. 9. new text end
new text begin Petition for reduction in custody. new text end
new text begin
(a) This subdivision applies only
to committed persons as defined in paragraph (b). The procedures in section 253B.18,
subdivision 5a, for victim notification and right to submit a statement under section
253B.18 apply to petitions filed and reductions in custody recommended under this
subdivision.
new text end
new text begin
(b) As used in this subdivision:
new text end
new text begin
(1) "committed person" means an individual committed under this section, or under
this section and under section 253B.18, as mentally ill and dangerous. It does not include
persons committed only as mentally ill and dangerous under section 253B.18; and
new text end
new text begin
(2) "reduction in custody" means transfer out of a secure treatment facility, a
provisional discharge, or a discharge from commitment.
new text end
new text begin
(c) A petition for a reduction in custody or an appeal of a revocation of provisional
discharge may be filed by either the committed person or by the head of the treatment
facility and must be filed with and considered by the special review board. A committed
person may not petition the special review board any sooner than six months following
either:
new text end
new text begin
(1) the entry of judgment in the district court of the order for commitment issued
under section 253B.18, subdivision 3, or upon the exhaustion of all related appeal rights
in state court relating to that order, whichever is later; or
new text end
new text begin
(2) any recommendation of the special review board or order of the judicial appeal
panel, or upon the exhaustion of all appeal rights in state court, whichever is later. The
medical director may petition at any time. The special review board proceedings are not
contested cases as defined in chapter 14.
new text end
new text begin
(d) The special review board shall hold a hearing on each petition before issuing a
recommendation under paragraph (f). Fourteen days before the hearing, the committing
court, the county attorney of the county of commitment, the designated agency, an
interested person, the petitioner and the petitioner's counsel, and the committed person
and the committed person's counsel must be given written notice by the commissioner of
the time and place of the hearing before the special review board. Only those entitled to
statutory notice of the hearing or those administratively required to attend may be present
at the hearing. The patient may designate interested persons to receive notice by providing
the names and addresses to the commissioner at least 21 days before the hearing.
new text end
new text begin
(e) A person or agency receiving notice that submits documentary evidence to the
special review board before the hearing must also provide copies to the committed person,
the committed person's counsel, the county attorney of the county of commitment, the case
manager, and the commissioner. The special review board must consider any statements
received from victims under section 253B.18, subdivision 5a.
new text end
new text begin
(f) Within 30 days of the hearing, the special review board shall issue written
findings of fact and shall recommend denial or approval of the petition to the judicial
appeal panel established under section 253B.19. The commissioner shall forward the
recommendation of the special review board to the judicial appeal panel and to every
person entitled to statutory notice. No reduction in custody or reversal of a revocation
of provisional discharge recommended by the special review board is effective until it
has been reviewed by the judicial appeal panel and until 15 days after an order from the
judicial appeal panel affirming, modifying, or denying the recommendation.
new text end
Sec. 6.
Minnesota Statutes 2006, section 253B.19, subdivision 2, is amended to read:
Subd. 2.
Petition; hearing.
deleted text begin
The committed person or the county attorney of the
county from which a patient was committed as a person who is mentally ill and dangerous
to the public, or as a sexual psychopathic personality or as a sexually dangerous person
may petition the appeal panel for a rehearing and reconsideration of a decision by the
commissioner. The petition shall be filed with the Supreme Court within 30 days after the
decision of the commissioner is signed. The Supreme Court shall refer the petition to the
chief judge of the appeal panel.
deleted text end
new text begin
(a) A person committed as mentally ill and dangerous to
the public under section 253B.18, or the county attorney of the county from which the
person was committed or the county of financial responsibility, may petition the judicial
appeal panel for a rehearing and reconsideration of a decision by the commissioner under
section 253B.18, subdivision 5. The judicial appeal panel must not consider petitions for
relief other than those considered by the commissioner from which the appeal is taken.
The petition must be filed with the supreme court within 30 days after the decision of the
commissioner is signed. The hearing must be held within 45 days of the filing of the
petition unless an extension is granted for good cause.
new text end
new text begin
(b) A person committed as a sexual psychopathic personality or as a sexually
dangerous person under section 253B.185, or committed as both mentally ill and
dangerous to the public under section 253B.18 and as a sexual psychopathic personality or
as a sexually dangerous person under section 253B.185; the county attorney of the county
from which the person was committed or the county of financial responsibility; or the
commissioner may petition the judicial appeal panel for a rehearing and reconsideration
of a decision of the special review board under section 253B.185, subdivision 9. The
petition must be filed with the supreme court within 30 days after the decision is mailed
by the commissioner as required in section 253B.185, subdivision 9, paragraph (f). The
hearing must be held within 180 days of the filing of the petition unless an extension is
granted for good cause. If no party petitions the judicial appeal panel for a rehearing
or reconsideration within 30 days, the judicial appeal panel shall either issue an order
adopting the recommendations of the special review board or set the matter on for a
hearing pursuant to this paragraph.
new text end
new text begin (c) For an appeal under paragraph (a) or (b), the Supreme Court shall refer the
petition to the chief judge of the judicial appeal panel. new text end The chief judge shall notify the
patient, the county attorney of the county of commitment, the designated agency, the
commissioner, the head of the treatment facility, any interested person, and other persons
the chief judge designates, of the time and place of the hearing on the petition. The notice
shall be given at least 14 days prior to the date of the hearing. deleted text begin The hearing shall be within
45 days of the filing of the petition unless an extension is granted for good cause.deleted text end
new text begin (d) new text end Any person may oppose the petition. new text begin The patient; patient's counsel; the county
attorney of the committing county or the county of financial responsibility; and the
commissioner shall participate as parties to the proceeding pending before the judicial
appeal panel and shall, no later than 20 days before the hearing on the petition, inform the
judicial appeal panel and the opposing party in writing whether they support or oppose the
petition and provide a summary of facts in support of their position. new text end The new text begin judicialnew text end appeal
panel may appoint examiners and may adjourn the hearing from time to time. It shall hear
and receive all relevant testimony and evidence and make a record of all proceedings.
The patientdeleted text begin ,deleted text end new text begin ;new text end patient's counseldeleted text begin ,deleted text end new text begin ;new text end and the county attorney of the committing county deleted text begin maydeleted text end
new text begin or the county of financial responsibility have the right to new text end be present and new text begin may new text end present
and cross-examine all witnessesnew text begin and offer a factual and legal basis in support of their
positionsnew text end . The petitioning party bears the burden of going forward with the evidence. The
party opposing discharge bears the burden of proof by clear and convincing evidence that
the respondent is in need of commitment.
Sec. 7.
Minnesota Statutes 2006, section 253B.19, subdivision 3, is amended to read:
Subd. 3.
Decision.
A majority of the new text begin judicialnew text end appeal panel shall rule upon the
petition. new text begin The panel shall consider the petition de novo.new text end The order of the new text begin judicialnew text end appeal
panel shall supersede deleted text begin thedeleted text end new text begin an new text end order of the commissioner deleted text begin in the casesdeleted text end new text begin under section 253B.18,
subdivision 5new text end . No order of the new text begin judicial new text end appeal panel granting a transfer, discharge or
provisional discharge shall be made effective sooner than 15 days after it is issued.
The panel may not consider petitions for relief other than those considered by the
commissioner new text begin or special review boardnew text end from which the appeal is taken. The new text begin judicial appealnew text end
panel may not grant a transfer or provisional discharge on terms or conditions that were
not presented to the commissioner or the special review board.
Sec. 8.
Minnesota Statutes 2006, section 626.5572, subdivision 21, is amended to read:
Subd. 21.
Vulnerable adult.
"Vulnerable adult" means any person 18 years of
age or older who:
(1) is a resident or inpatient of a facility;
(2) receives services at or from a facility required to be licensed to serve adults
under sections 245A.01 to 245A.15, except that a person receiving outpatient services for
treatment of chemical dependency or mental illness, or one who is new text begin served in the Minnesota
sex offender program, is on a court hold order for commitment, or is new text end committed as a
sexual psychopathic personality or as a sexually dangerous person under chapter 253B, is
not considered a vulnerable adult unless the person meets the requirements of clause (4);
(3) receives services from a home care provider required to be licensed under section
144A.46; or from a person or organization that exclusively offers, provides, or arranges
for personal care assistant services under the medical assistance program as authorized
under sections 256B.04, subdivision 16, 256B.0625, subdivision 19a, 256B.0651, and
256B.0653 to 256B.0656; or
(4) regardless of residence or whether any type of service is received, possesses a
physical or mental infirmity or other physical, mental, or emotional dysfunction:
(i) that impairs the individual's ability to provide adequately for the individual's
own care without assistance, including the provision of food, shelter, clothing, health
care, or supervision; and
(ii) because of the dysfunction or infirmity and the need for assistance, the individual
has an impaired ability to protect the individual from maltreatment.
Sec. 9. new text begin MINNESOTA SEX OFFENDER PROGRAM; OPERATING
STANDARDS.
new text end
new text begin
The commissioner of human services shall convene a working group of interested
parties to develop standards and guidelines for the operations of the Minnesota sex
offender program. The standards and guidelines shall include, but not be limited to:
new text end
new text begin
(1) criteria to establish a sex offender treatment advisory board;
new text end
new text begin
(2) criteria to ensure the necessary provision of health and dental care for patients;
new text end
new text begin
(3) criteria to ensure the necessary provision of mental health care; and
new text end
new text begin
(4) fire and safety criteria.
new text end
new text begin
The standards and guidelines shall be developed by the commissioner in consultation
with the working group members by February 1, 2009, and presented to the chairs of
the policy and finance committees having jurisdiction over the Minnesota sex offender
program for review.
new text end
ARTICLE 22
CHILDREN AND FAMILY SERVICES
Section 1.
Minnesota Statutes 2007 Supplement, section 256.01, subdivision 2, is
amended to read:
Subd. 2.
Specific powers.
Subject to the provisions of section 241.021, subdivision
2, the commissioner of human services shall carry out the specific duties in paragraphs (a)
through (cc):
(a) Administer and supervise all forms of public assistance provided for by state law
and other welfare activities or services as are vested in the commissioner. Administration
and supervision of human services activities or services includes, but is not limited to,
assuring timely and accurate distribution of benefits, completeness of service, and quality
program management. In addition to administering and supervising human services
activities vested by law in the department, the commissioner shall have the authority to:
(1) require county agency participation in training and technical assistance programs
to promote compliance with statutes, rules, federal laws, regulations, and policies
governing human services;
(2) monitor, on an ongoing basis, the performance of county agencies in the
operation and administration of human services, enforce compliance with statutes, rules,
federal laws, regulations, and policies governing welfare services and promote excellence
of administration and program operation;
(3) develop a quality control program or other monitoring program to review county
performance and accuracy of benefit determinations;
(4) require county agencies to make an adjustment to the public assistance benefits
issued to any individual consistent with federal law and regulation and state law and rule
and to issue or recover benefits as appropriate;
(5) delay or deny payment of all or part of the state and federal share of benefits and
administrative reimbursement according to the procedures set forth in section 256.017;
(6) make contracts with and grants to public and private agencies and organizations,
both profit and nonprofit, and individuals, using appropriated funds; and
(7) enter into contractual agreements with federally recognized Indian tribes with
a reservation in Minnesota to the extent necessary for the tribe to operate a federally
approved family assistance program or any other program under the supervision of the
commissioner. The commissioner shall consult with the affected county or counties in
the contractual agreement negotiations, if the county or counties wish to be included,
in order to avoid the duplication of county and tribal assistance program services. The
commissioner may establish necessary accounts for the purposes of receiving and
disbursing funds as necessary for the operation of the programs.
(b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law,
regulation, and policy necessary to county agency administration of the programs.
(c) Administer and supervise all child welfare activities; promote the enforcement of
laws protecting disabled, dependent, neglected and delinquent children, and children born
to mothers who were not married to the children's fathers at the times of the conception
nor at the births of the children; license and supervise child-caring and child-placing
agencies and institutions; supervise the care of children in boarding and foster homes or
in private institutions; and generally perform all functions relating to the field of child
welfare now vested in the State Board of Control.
(d) Administer and supervise all noninstitutional service to disabled persons,
including those who are visually impaired, hearing impaired, or physically impaired
or otherwise disabled. The commissioner may provide and contract for the care and
treatment of qualified indigent children in facilities other than those located and available
at state hospitals when it is not feasible to provide the service in state hospitals.
(e) Assist and actively cooperate with other departments, agencies and institutions,
local, state, and federal, by performing services in conformity with the purposes of Laws
1939, chapter 431.
(f) Act as the agent of and cooperate with the federal government in matters of
mutual concern relative to and in conformity with the provisions of Laws 1939, chapter
431, including the administration of any federal funds granted to the state to aid in the
performance of any functions of the commissioner as specified in Laws 1939, chapter 431,
and including the promulgation of rules making uniformly available medical care benefits
to all recipients of public assistance, at such times as the federal government increases its
participation in assistance expenditures for medical care to recipients of public assistance,
the cost thereof to be borne in the same proportion as are grants of aid to said recipients.
(g) Establish and maintain any administrative units reasonably necessary for the
performance of administrative functions common to all divisions of the department.
(h) Act as designated guardian of both the estate and the person of all the wards of
the state of Minnesota, whether by operation of law or by an order of court, without any
further act or proceeding whatever, except as to persons committed as developmentally
disabled. For children under the guardianship of the commissioner or a tribe in Minnesota
recognized by the Secretary of the Interior whose interests would be best served by
adoptive placement, the commissioner may contract with a licensed child-placing agency
or a Minnesota tribal social services agency to provide adoption services. A contract
with a licensed child-placing agency must be designed to supplement existing county
efforts and may not replace existing county programs or tribal social services, unless the
replacement is agreed to by the county board and the appropriate exclusive bargaining
representative, tribal governing body, or the commissioner has evidence that child
placements of the county continue to be substantially below that of other counties. Funds
encumbered and obligated under an agreement for a specific child shall remain available
until the terms of the agreement are fulfilled or the agreement is terminated.
(i) Act as coordinating referral and informational center on requests for service for
newly arrived immigrants coming to Minnesota.
(j) The specific enumeration of powers and duties as hereinabove set forth shall in no
way be construed to be a limitation upon the general transfer of powers herein contained.
(k) Establish county, regional, or statewide schedules of maximum fees and charges
which may be paid by county agencies for medical, dental, surgical, hospital, nursing and
nursing home care and medicine and medical supplies under all programs of medical
care provided by the state and for congregate living care under the income maintenance
programs.
(l) Have the authority to conduct and administer experimental projects to test
methods and procedures of administering assistance and services to recipients or potential
recipients of public welfare. To carry out such experimental projects, it is further provided
that the commissioner of human services is authorized to waive the enforcement of
existing specific statutory program requirements, rules, and standards in one or more
counties. The order establishing the waiver shall provide alternative methods and
procedures of administration, shall not be in conflict with the basic purposes, coverage, or
benefits provided by law, and in no event shall the duration of a project exceed four years.
It is further provided that no order establishing an experimental project as authorized by
the provisions of this section shall become effective until the following conditions have
been met:
(1) the secretary of health and human services of the United States has agreed, for
the same project, to waive state plan requirements relative to statewide uniformity; and
(2) a comprehensive plan, including estimated project costs, shall be approved by
the Legislative Advisory Commission and filed with the commissioner of administration.
(m) According to federal requirements, establish procedures to be followed by
local welfare boards in creating citizen advisory committees, including procedures for
selection of committee members.
(n) Allocate federal fiscal disallowances or sanctions which are based on quality
control error rates for the aid to families with dependent children program formerly
codified in sections 256.72 to 256.87, medical assistance, or food stamp program in the
following manner:
(1) one-half of the total amount of the disallowance shall be borne by the county
boards responsible for administering the programs. For the medical assistance and the
AFDC program formerly codified in sections 256.72 to 256.87, disallowances shall be
shared by each county board in the same proportion as that county's expenditures for the
sanctioned program are to the total of all counties' expenditures for the AFDC program
formerly codified in sections 256.72 to 256.87, and medical assistance programs. For the
food stamp program, sanctions shall be shared by each county board, with 50 percent of
the sanction being distributed to each county in the same proportion as that county's
administrative costs for food stamps are to the total of all food stamp administrative costs
for all counties, and 50 percent of the sanctions being distributed to each county in the
same proportion as that county's value of food stamp benefits issued are to the total of
all benefits issued for all counties. Each county shall pay its share of the disallowance
to the state of Minnesota. When a county fails to pay the amount due hereunder, the
commissioner may deduct the amount from reimbursement otherwise due the county, or
the attorney general, upon the request of the commissioner, may institute civil action
to recover the amount due; and
(2) notwithstanding the provisions of clause (1), if the disallowance results from
knowing noncompliance by one or more counties with a specific program instruction, and
that knowing noncompliance is a matter of official county board record, the commissioner
may require payment or recover from the county or counties, in the manner prescribed in
clause (1), an amount equal to the portion of the total disallowance which resulted from the
noncompliance, and may distribute the balance of the disallowance according to clause (1).
(o) Develop and implement special projects that maximize reimbursements and
result in the recovery of money to the state. For the purpose of recovering state money,
the commissioner may enter into contracts with third parties. Any recoveries that result
from projects or contracts entered into under this paragraph shall be deposited in the
state treasury and credited to a special account until the balance in the account reaches
$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be
transferred and credited to the general fund. All money in the account is appropriated to
the commissioner for the purposes of this paragraph.
(p) Have the authority to make direct payments to facilities providing shelter
to women and their children according to section 256D.05, subdivision 3. Upon
the written request of a shelter facility that has been denied payments under section
256D.05, subdivision 3, the commissioner shall review all relevant evidence and make
a determination within 30 days of the request for review regarding issuance of direct
payments to the shelter facility. Failure to act within 30 days shall be considered a
determination not to issue direct payments.
(q) Have the authority to establish and enforce the following county reporting
requirements:
(1) the commissioner shall establish fiscal and statistical reporting requirements
necessary to account for the expenditure of funds allocated to counties for human
services programs. When establishing financial and statistical reporting requirements, the
commissioner shall evaluate all reports, in consultation with the counties, to determine if
the reports can be simplified or the number of reports can be reduced;
(2) the county board shall submit monthly or quarterly reports to the department
as required by the commissioner. Monthly reports are due no later than 15 working days
after the end of the month. Quarterly reports are due no later than 30 calendar days after
the end of the quarter, unless the commissioner determines that the deadline must be
shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines
or risking a loss of federal funding. Only reports that are complete, legible, and in the
required format shall be accepted by the commissioner;
(3) if the required reports are not received by the deadlines established in clause (2),
the commissioner may delay payments and withhold funds from the county board until
the next reporting period. When the report is needed to account for the use of federal
funds and the late report results in a reduction in federal funding, the commissioner shall
withhold from the county boards with late reports an amount equal to the reduction in
federal funding until full federal funding is received;
(4) a county board that submits reports that are late, illegible, incomplete, or not
in the required format for two out of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant, the commissioner
shall notify the county board of the reason the county board is considered noncompliant
and request that the county board develop a corrective action plan stating how the
county board plans to correct the problem. The corrective action plan must be submitted
to the commissioner within 45 days after the date the county board received notice
of noncompliance;
(5) the final deadline for fiscal reports or amendments to fiscal reports is one year
after the date the report was originally due. If the commissioner does not receive a report
by the final deadline, the county board forfeits the funding associated with the report for
that reporting period and the county board must repay any funds associated with the
report received for that reporting period;
(6) the commissioner may not delay payments, withhold funds, or require repayment
under clause (3) or (5) if the county demonstrates that the commissioner failed to
provide appropriate forms, guidelines, and technical assistance to enable the county to
comply with the requirements. If the county board disagrees with an action taken by the
commissioner under clause (3) or (5), the county board may appeal the action according
to sections 14.57 to 14.69; and
(7) counties subject to withholding of funds under clause (3) or forfeiture or
repayment of funds under clause (5) shall not reduce or withhold benefits or services to
clients to cover costs incurred due to actions taken by the commissioner under clause
(3) or (5).
(r) Allocate federal fiscal disallowances or sanctions for audit exceptions when
federal fiscal disallowances or sanctions are based on a statewide random sample deleted text begin for
the foster care program under title IV-E of the Social Security Act, United States Code,
title 42,deleted text end in direct proportion to each county's deleted text begin title IV-E foster care maintenancedeleted text end claim
for that period.
(s) Be responsible for ensuring the detection, prevention, investigation, and
resolution of fraudulent activities or behavior by applicants, recipients, and other
participants in the human services programs administered by the department.
(t) Require county agencies to identify overpayments, establish claims, and utilize
all available and cost-beneficial methodologies to collect and recover these overpayments
in the human services programs administered by the department.
(u) Have the authority to administer a drug rebate program for drugs purchased
pursuant to the prescription drug program established under section 256.955 after the
beneficiary's satisfaction of any deductible established in the program. The commissioner
shall require a rebate agreement from all manufacturers of covered drugs as defined in
section 256B.0625, subdivision 13. Rebate agreements for prescription drugs delivered on
or after July 1, 2002, must include rebates for individuals covered under the prescription
drug program who are under 65 years of age. For each drug, the amount of the rebate shall
be equal to the rebate as defined for purposes of the federal rebate program in United
States Code, title 42, section 1396r-8. The manufacturers must provide full payment
within 30 days of receipt of the state invoice for the rebate within the terms and conditions
used for the federal rebate program established pursuant to section 1927 of title XIX of
the Social Security Act. The manufacturers must provide the commissioner with any
information necessary to verify the rebate determined per drug. The rebate program shall
utilize the terms and conditions used for the federal rebate program established pursuant to
section 1927 of title XIX of the Social Security Act.
(v) Have the authority to administer the federal drug rebate program for drugs
purchased under the medical assistance program as allowed by section 1927 of title XIX
of the Social Security Act and according to the terms and conditions of section 1927.
Rebates shall be collected for all drugs that have been dispensed or administered in an
outpatient setting and that are from manufacturers who have signed a rebate agreement
with the United States Department of Health and Human Services.
(w) Have the authority to administer a supplemental drug rebate program for drugs
purchased under the medical assistance program. The commissioner may enter into
supplemental rebate contracts with pharmaceutical manufacturers and may require prior
authorization for drugs that are from manufacturers that have not signed a supplemental
rebate contract. Prior authorization of drugs shall be subject to the provisions of section
256B.0625, subdivision 13.
(x) Operate the department's communication systems account established in Laws
1993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared
communication costs necessary for the operation of the programs the commissioner
supervises. A communications account may also be established for each regional
treatment center which operates communications systems. Each account must be used
to manage shared communication costs necessary for the operations of the programs the
commissioner supervises. The commissioner may distribute the costs of operating and
maintaining communication systems to participants in a manner that reflects actual usage.
Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and
other costs as determined by the commissioner. Nonprofit organizations and state, county,
and local government agencies involved in the operation of programs the commissioner
supervises may participate in the use of the department's communications technology and
share in the cost of operation. The commissioner may accept on behalf of the state any
gift, bequest, devise or personal property of any kind, or money tendered to the state for
any lawful purpose pertaining to the communication activities of the department. Any
money received for this purpose must be deposited in the department's communication
systems accounts. Money collected by the commissioner for the use of communication
systems must be deposited in the state communication systems account and is appropriated
to the commissioner for purposes of this section.
(y) Receive any federal matching money that is made available through the medical
assistance program for the consumer satisfaction survey. Any federal money received for
the survey is appropriated to the commissioner for this purpose. The commissioner may
expend the federal money received for the consumer satisfaction survey in either year of
the biennium.
(z) Designate community information and referral call centers and incorporate
cost reimbursement claims from the designated community information and referral
call centers into the federal cost reimbursement claiming processes of the department
according to federal law, rule, and regulations. Existing information and referral centers
provided by Greater Twin Cities United Way or existing call centers for which Greater
Twin Cities United Way has legal authority to represent, shall be included in these
designations upon review by the commissioner and assurance that these services are
accredited and in compliance with national standards. Any reimbursement is appropriated
to the commissioner and all designated information and referral centers shall receive
payments according to normal department schedules established by the commissioner
upon final approval of allocation methodologies from the United States Department of
Health and Human Services Division of Cost Allocation or other appropriate authorities.
(aa) Develop recommended standards for foster care homes that address the
components of specialized therapeutic services to be provided by foster care homes with
those services.
(bb) Authorize the method of payment to or from the department as part of the
human services programs administered by the department. This authorization includes the
receipt or disbursement of funds held by the department in a fiduciary capacity as part of
the human services programs administered by the department.
(cc) Have the authority to administer a drug rebate program for drugs purchased for
persons eligible for general assistance medical care under section 256D.03, subdivision 3.
For manufacturers that agree to participate in the general assistance medical care rebate
program, the commissioner shall enter into a rebate agreement for covered drugs as
defined in section 256B.0625, subdivisions 13 and 13d. For each drug, the amount of the
rebate shall be equal to the rebate as defined for purposes of the federal rebate program in
United States Code, title 42, section 1396r-8. The manufacturers must provide payment
within the terms and conditions used for the federal rebate program established under
section 1927 of title XIX of the Social Security Act. The rebate program shall utilize
the terms and conditions used for the federal rebate program established under section
1927 of title XIX of the Social Security Act.
Effective January 1, 2006, drug coverage under general assistance medical care shall
be limited to those prescription drugs that:
(1) are covered under the medical assistance program as described in section
256B.0625, subdivisions 13 and 13d; and
(2) are provided by manufacturers that have fully executed general assistance
medical care rebate agreements with the commissioner and comply with such agreements.
Prescription drug coverage under general assistance medical care shall conform to
coverage under the medical assistance program according to section 256B.0625,
subdivisions 13 to 13g.
The rebate revenues collected under the drug rebate program are deposited in the
general fund.
Sec. 2.
Minnesota Statutes 2007 Supplement, section 256.741, subdivision 1, is
amended to read:
Subdivision 1.
deleted text begin Public assistancedeleted text end new text begin Definitionsnew text end .
(a) The term "direct support" as used
in this chapter and chapters 257, 518, 518A, and 518C refers to an assigned support
payment from an obligor which is paid directly to a recipient of deleted text begin TANF or MFIPdeleted text end new text begin public
assistancenew text end .
(b) The term "public assistance" as used in this chapter and chapters 257, 518, 518A,
and 518C, includes any form of assistance provided under the AFDC program formerly
codified in sections 256.72 to 256.87, MFIP and MFIP-R formerly codified under chapter
256, MFIP under chapter 256J, work first program new text begin formerly codified new text end under chapter 256K;
child care assistance provided through the child care fund under chapter 119B; any form
of medical assistance under chapter 256B; MinnesotaCare under chapter 256L; and foster
care as provided under title IV-E of the Social Security Act.
(c) The term "child support agency" as used in this section refers to the public
authority responsible for child support enforcement.
(d) The term "public assistance agency" as used in this section refers to a public
authority providing public assistance to an individual.
new text begin
(e) The terms "child support" and "arrears" as used in this section have the meanings
provided in section 518A.26.
new text end
new text begin
(f) The term "maintenance" as used in this section has the meaning provided in
section 518.003.
new text end
Sec. 3.
Minnesota Statutes 2006, section 256.741, subdivision 2, is amended to read:
Subd. 2.
Assignment of support and maintenance rights.
(a) An individual
receiving public assistance in the form of assistance under any of the following programs:
the AFDC program formerly codified in sections 256.72 to 256.87, MFIP under chapter
256J, MFIP-R and MFIP formerly codified under chapter 256, or work first new text begin program
formerly codified under chapter 256K new text end is considered to have assigned to the state at the
time of application all rights to child support and maintenance from any other person the
applicant or recipient may have in the individual's own behalf or in the behalf of any other
family member for whom application for public assistance is made. An assistance unit is
ineligible for the Minnesota family investment program unless the caregiver assigns all
rights to child support and deleted text begin spousaldeleted text end maintenance benefits according to this section.
(1) deleted text begin Andeleted text end new text begin The new text end assignment deleted text begin made according to this sectiondeleted text end is effective as todeleted text begin :
deleted text end
deleted text begin (i)deleted text end any current child support and current deleted text begin spousaldeleted text end maintenancedeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(ii) any accrued child support and spousal maintenance arrears.
deleted text end
deleted text begin
(2) An assignment made after September 30, 1997, is effective as to:
deleted text end
deleted text begin
(i) any current child support and current spousal maintenance;
deleted text end
deleted text begin
(ii) any accrued child support and spousal maintenance arrears collected before
October 1, 2000, or the date the individual terminates assistance, whichever is later; and
deleted text end
deleted text begin
(iii) any accrued child support and spousal maintenance arrears collected under
federal tax intercept.
deleted text end
new text begin
(2) Any child support or maintenance arrears that accrue while an individual is
receiving public assistance in the form of assistance under any of the programs listed in
this paragraph are permanently assigned to the state.
new text end
new text begin
(3) The assignment of current child support and current maintenance ends on the
date the individual ceases to receive or is no longer eligible to receive public assistance
under any of the programs listed in this paragraph.
new text end
(b) An individual receiving public assistance in the form of medical assistance,
including MinnesotaCare, is considered to have assigned to the state at the time of
application all rights to medical support from any other person the individual may have
in the individual's own behalf or in the behalf of any other family member for whom
medical assistance is provided.
new text begin (1) new text end An assignment made after September 30, 1997, is effective as to any medical
support accruing after the date of medical assistance or MinnesotaCare eligibility.
new text begin
(2) Any medical support arrears that accrue while an individual is receiving public
assistance in the form of medical assistance, including MinnesotaCare, are permanently
assigned to the state.
new text end
new text begin
(3) The assignment of current medical support ends on the date the individual ceases
to receive or is no longer eligible to receive public assistance in the form of medical
assistance, including MinnesotaCare.
new text end
(c) An individual receiving public assistance in the form of child care assistance
under the child care fund pursuant to chapter 119B is considered to have assigned to the
state at the time of application all rights to child care support from any other person the
individual may have in the individual's own behalf or in the behalf of any other family
member for whom child care assistance is provided.
deleted text begin Andeleted text end new text begin (1) The new text end assignment deleted text begin made according to this paragraphdeleted text end is effective as todeleted text begin :
deleted text end
deleted text begin (1)deleted text end any current child care support deleted text begin and any child care support arrears assigned and
accruing after July 1, 1997, that are collected before October 1, 2000; anddeleted text end new text begin .
new text end
(2) deleted text begin any accrued child care support arrears collected under federal tax intercept.deleted text end new text begin Any
child care support arrears that accrue while an individual is receiving public assistance in
the form of child care assistance under the child care fund in chapter 119B are permanently
assigned to the state.
new text end
new text begin
(3) The assignment of current child care support ends on the date the individual
ceases to receive or is no longer eligible to receive public assistance in the form of child
care assistance under the child care fund under chapter 119B.
new text end
Sec. 4.
Minnesota Statutes 2006, section 256.741, subdivision 2a, is amended to read:
Subd. 2a.
deleted text begin Families-firstdeleted text end Distribution of child support deleted text begin arrearagesdeleted text end .
new text begin
(a) The
state shall distribute current child support and maintenance received by the state to an
individual who assigns the right to that support under subdivision 2, paragraph (a).
new text end
new text begin (b) new text end When the public authority collects new text begin child new text end support arrearages on behalf of an
individual who is receiving new text begin public new text end assistance deleted text begin provided under MFIP or MFIP-R under
this chapter, MFIP under chapter 256J, or work first under chapter 256K, and the public
authority has the option of applying the collection to arrears permanently assigned to the
state or to arrears temporarily assigned to the statedeleted text end , the public authority shall first apply the
collection to satisfy those arrears that are permanently assigned to the state.
new text begin
(c) When the public authority collects child support arrearages on behalf of an
individual who is not receiving public assistance, the public authority shall first apply the
collection to satisfy those arrears that are not permanently assigned to the state.
new text end
new text begin
(d) When the public authority collects child support arrearages certified under the
federal tax offset, the public authority shall first apply the collection to satisfy those arrears
that are permanently assigned to the state.
new text end
Sec. 5.
Minnesota Statutes 2006, section 256.741, subdivision 3, is amended to read:
Subd. 3.
Existing assignments.
Assignments based on the receipt of public
assistance in existence prior to July 1, 1997, are permanently assigned to the state.new text begin Arrears
that accrued prior to the receipt of assistance that were assigned to the state between July
1, 1997, and October 1, 2009, will no longer be assigned as of October 1, 2009.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2009.
new text end
Sec. 6.
Minnesota Statutes 2007 Supplement, section 256J.20, subdivision 3, is
amended to read:
Subd. 3.
Other property limitations.
To be eligible for MFIP, the equity value of
all nonexcluded real and personal property of the assistance unit must not exceed $2,000
for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to
(19) must be excluded when determining the equity value of real and personal property:
(1) a licensed vehicle up to a loan value of less than or equal to $15,000. If the
assistance unit owns more than one licensed vehicle, new text begin the county agency shall new text end determine the
loan value of all additional vehicles and exclude the combined loan value of less than or
equal to $7,500. The county agency shall apply any excess loan value as if it were equity
value to the asset limit described in this section, excluding: (i) the value of one vehicle
per physically disabled person when the vehicle is needed to transport the disabled unit
member; this exclusion does not apply to mentally disabled people; (ii) the value of special
equipment for a disabled member of the assistance unit; and (iii) any vehicle used for
long-distance travel, other than daily commuting, for the employment of a unit member.
To establish the loan value of vehicles, a county agency must use the N.A.D.A.
Official Used Car Guide, Midwest Edition, for newer model cars. When a vehicle is not
listed in the guidebook, or when the applicant or participant disputes the loan value listed
in the guidebook as unreasonable given the condition of the particular vehicle, the county
agency may require the applicant or participant document the loan value by securing a
written statement from a motor vehicle dealer licensed under section 168.27, stating
the amount that the dealer would pay to purchase the vehicle. The county agency shall
reimburse the applicant or participant for the cost of a written statement that documents
a lower loan value;
(2) the value of life insurance policies for members of the assistance unit;
(3) one burial plot per member of an assistance unit;
(4) the value of personal property needed to produce earned income, including
tools, implements, farm animals, inventory, business loans, business checking and
savings accounts used at least annually and used exclusively for the operation of a
self-employment business, and any motor vehicles if at least 50 percent of the vehicle's use
is to produce income and if the vehicles are essential for the self-employment business;
(5) the value of personal property not otherwise specified which is commonly
used by household members in day-to-day living such as clothing, necessary household
furniture, equipment, and other basic maintenance items essential for daily living;
(6) the value of real and personal property owned by a recipient of Supplemental
Security Income or Minnesota supplemental aid;
(7) the value of corrective payments, but only for the month in which the payment
is received and for the following month;
(8) a mobile home or other vehicle used by an applicant or participant as the
applicant's or participant's home;
(9) money in a separate escrow account that is needed to pay real estate taxes or
insurance and that is used for this purpose;
(10) money held in escrow to cover employee FICA, employee tax withholding,
sales tax withholding, employee worker compensation, business insurance, property rental,
property taxes, and other costs that are paid at least annually, but less often than monthly;
(11) monthly assistance payments for the current month's or short-term emergency
needs under section 256J.626, subdivision 2;
(12) the value of school loans, grants, or scholarships for the period they are
intended to cover;
(13) payments listed in section 256J.21, subdivision 2, clause (9), which are held
in escrow for a period not to exceed three months to replace or repair personal or real
property;
(14) income received in a budget month through the end of the payment month;
(15) savings from earned income of a minor child or a minor parent that are set aside
in a separate account designated specifically for future education or employment costs;
(16) the federal earned income credit, Minnesota working family credit, state and
federal income tax refunds, state homeowners and renters credits under chapter 290A,
property tax rebates and other federal or state tax rebates in the month received and the
following month;
(17) payments excluded under federal law as long as those payments are held in a
separate account from any nonexcluded funds;
(18) the assets of children ineligible to receive MFIP benefits because foster care or
adoption assistance payments are made on their behalf; and
(19) the assets of persons whose income is excluded under section 256J.21,
subdivision 2, clause (43).
Sec. 7.
Minnesota Statutes 2006, section 256J.24, subdivision 5, is amended to read:
Subd. 5.
MFIP transitional standard.
The MFIP transitional standard is based
on the number of persons in the assistance unit eligible for both food and cash assistance
unless the restrictions in subdivision 6 on the birth of a child apply. The following table
represents the transitional standards effective October 1, deleted text begin 2004deleted text end new text begin 2007new text end .
| Number of Eligible People |
Transitional Standard |
Cash Portion |
Food Portion |
| 1 |
deleted text begin $379deleted text end new text begin $391new text end : |
$250 |
deleted text begin
$129
deleted text end
new text begin
$141 new text end |
| 2 |
deleted text begin $675deleted text end new text begin $698new text end : |
$437 |
deleted text begin
$238
deleted text end
new text begin
$261 new text end |
| 3 |
deleted text begin $876deleted text end new text begin $910new text end : |
$532 |
deleted text begin
$344
deleted text end
new text begin
$378 new text end |
| 4 |
deleted text begin $1,036deleted text end new text begin $1,091new text end : |
$621 |
deleted text begin
$415
deleted text end
new text begin
$470 new text end |
| 5 |
deleted text begin $1,180deleted text end new text begin $1,245new text end : |
$697 |
deleted text begin
$483
deleted text end
new text begin
$548 new text end |
| 6 |
deleted text begin $1,350deleted text end new text begin $1,425new text end : |
$773 |
deleted text begin
$577
deleted text end
new text begin
$652 new text end |
| 7 |
deleted text begin $1,472deleted text end new text begin $1,553new text end : |
$850 |
deleted text begin
$622
deleted text end
new text begin
$703 new text end |
| 8 |
deleted text begin $1,623deleted text end new text begin $1,713new text end : |
$916 |
deleted text begin
$707
deleted text end
new text begin
$797 new text end |
| 9 |
deleted text begin $1,772deleted text end new text begin $1,871new text end : |
$980 |
deleted text begin
$792
deleted text end
new text begin
$891 new text end |
| 10 |
deleted text begin $1,915deleted text end new text begin $2,024new text end : |
$1,035 |
deleted text begin
$880
deleted text end
new text begin
$989 new text end |
| over 10 |
add deleted text begin $142deleted text end new text begin $151new text end : |
$53 |
deleted text begin
$89
deleted text end
new text begin
$98 new text end |
| per additional member. |
|||
The commissioner shall annually publish in the State Register the transitional
standard for an assistance unit sizes 1 to 10 including a breakdown of the cash and food
portions.
Sec. 8.
Minnesota Statutes 2006, section 256J.425, subdivision 1, is amended to read:
Subdivision 1.
Eligibility.
(a) To be eligible for a hardship extension, a participant
in an assistance unit subject to the time limit under section 256J.42, subdivision 1, must
be in compliance in the participant's 60th counted month. For purposes of determining
eligibility for a hardship extension, a participant is in compliance in any month that the
participant has not been sanctioned. new text begin In order to maintain eligibility for any of the hardship
extension categories a participant shall develop and comply with either an employment
plan or a family stabilization services plan, whichever is appropriate.
new text end
(b) If one participant in a two-parent assistance unit is determined to be ineligible for
a hardship extension, the county shall give the assistance unit the option of disqualifying
the ineligible participant from MFIP. In that case, the assistance unit shall be treated as a
one-parent assistance unit and the assistance unit's MFIP grant shall be calculated using
the shared household standard under section 256J.08, subdivision 82a.
(c) Prior to denying an extension, the county must review the sanction status and
determine whether the sanction is appropriate or if good cause exists under section 256J.57.
If the sanction was inappropriately applied or the participant is granted a good cause
exception before the end of month 60, the participant shall be considered for an extension.
Sec. 9.
Minnesota Statutes 2007 Supplement, section 256J.49, subdivision 13, is
amended to read:
Subd. 13.
Work activity.
"Work activity" means any activity in a participant's
approved employment plan that leads to employment. For purposes of the MFIP program,
this includes activities that meet the definition of work activity under the participation
requirements of TANF. Work activity includes:
(1) unsubsidized employment, including work study and paid apprenticeships or
internships;
(2) subsidized private sector or public sector employment, including grant diversion
as specified in section 256J.69, on-the-job training as specified in section 256J.66,
deleted text begin the self-employment investment demonstration program (SEID) as specified in section
256J.65,deleted text end paid work experience, and supported work when a wage subsidy is provided;
(3) unpaid work experience, including community service, volunteer work,
the community work experience program as specified in section 256J.67, unpaid
apprenticeships or internships, and supported work when a wage subsidy is not provided.
Unpaid work deleted text begin experience is only an option if the participant has been unable to obtain or
maintain paid employment in the competitive labor market, and no paid work experience
programs are available to the participantdeleted text end new text begin performed in return for cash assistance is
prohibited and does not count as a work activity, unless the participant voluntarily agrees,
in writing, to engage in an unpaid work arrangement. The participant may terminate the
unpaid work arrangement, in writing, at any timenew text end . deleted text begin Unlessdeleted text end new text begin If new text end a participant consents to
participating in unpaid work experience, the participant's employment plan may only
include unpaid work experience if including the unpaid work experience in the plan will
meet the following criteria:
(i) the unpaid work experience will provide the participant specific skills or
experience that cannot be obtained through other work activity options where the
participant resides or is willing to reside; and
(ii) the skills or experience gained through the unpaid work experience will result
in higher wages for the participant than the participant could earn without the unpaid
work experience;
(4) job search including job readiness assistance, job clubs, job placement,
job-related counseling, and job retention services;
(5) job readiness education, including English as a second language (ESL) or
functional work literacy classes as limited by the provisions of section 256J.531,
subdivision 2, general educational development (GED) course work, high school
completion, and adult basic education as limited by the provisions of section 256J.531,
subdivision 1;
(6) job skills training directly related to employment, including education and
training that can reasonably be expected to lead to employment, as limited by the
provisions of section 256J.53;
(7) providing child care services to a participant who is working in a community
service program;
(8) activities included in the employment plan that is developed under section
256J.521, subdivision 3; and
(9) preemployment activities including chemical and mental health assessments,
treatment, and services; learning disabilities services; child protective services; family
stabilization services; or other programs designed to enhance employability.
Sec. 10.
Minnesota Statutes 2006, section 256J.521, subdivision 4, is amended to read:
Subd. 4.
Self-employment.
(a) Self-employment activities may be included in an
employment plan contingent on the development of a business plan which establishes a
timetable and earning goals that will result in the participant exiting MFIP assistance.
Business plans must be developed with assistance from an individual or organization with
expertise in small business as approved by the job counselor.
(b) Participants with an approved plan that includes self-employment must meet
the participation requirements in section 256J.55, subdivision 1. Only hours where
the participant earns at least minimum wage shall be counted toward the requirement.
Additional activities and hours necessary to meet the participation requirements in section
256J.55, subdivision 1, must be included in the employment plan.
(c) Employment plans which include self-employment activities must be reviewed
every three months. Participants who fail, without good cause, to make satisfactory
progress as established in the business plan must revise the employment plan to replace
the self-employment with other approved work activities.
deleted text begin
(d) The requirements of this subdivision may be waived for participants who are
enrolled in the self-employment investment demonstration program (SEID) under section
256J.65, and who make satisfactory progress as determined by the job counselor and
the SEID provider.
deleted text end
Sec. 11.
Minnesota Statutes 2006, section 256J.54, subdivision 2, is amended to read:
Subd. 2.
Responsibility for assessment and employment plan.
For caregivers
who are under age 18 without a high school diploma or its equivalent, the assessment
under subdivision 1 and the employment plan under subdivision 3 must be completed
by the social services agency under section 257.33. For caregivers who are age 18 or
19 without a high school diploma or its equivalent who choose to have an employment
plan with an education option under subdivision 3, the assessment under subdivision 1
and the employment plan under subdivision 3 must be completed by the job counselor
or, at county option, by the social services agency under section 257.33. Upon reaching
age 18 or 19 a caregiver who received social services under section 257.33 and is without
a high school diploma or its equivalent has the option to choose whether to continue
receiving services under the caregiver's plan from the social services agency or to utilize
an MFIP employment and training service provider. The social services agency or the job
counselor shall consult with deleted text begin representatives of educational agencies that are required to
assist in developing educational plans under section 124D.331deleted text end new text begin the participant's school in
developing the educational plannew text end .
Sec. 12.
Minnesota Statutes 2006, section 256J.54, subdivision 5, is amended to read:
Subd. 5.
School attendance required.
(a) deleted text begin Notwithstanding the provisions of
section 256J.56,deleted text end Minor parents, or 18- or 19-year-old parents without a high school
diploma or its equivalent who chooses an employment plan with an education option
must attend school unless:
(1) transportation services needed to enable the caregiver to attend school are not
available;
(2) appropriate child care services needed to enable the caregiver to attend school
are not available;
(3) the caregiver is ill or incapacitated seriously enough to prevent attendance at
school; or
(4) the caregiver is needed in the home because of the illness or incapacity of
another member of the household. This includes a caregiver of a child who is younger
than six weeks of age.
(b) The caregiver must be enrolled in a secondary school and meeting the school's
attendance requirements. The county, social service agency, or job counselor must verify
at least once per quarter that the caregiver is meeting the school's attendance requirements.
An enrolled caregiver is considered to be meeting the attendance requirements when the
school is not in regular session, including during holiday and summer breaks.
Sec. 13.
Minnesota Statutes 2006, section 256J.545, is amended to read:
256J.545 FAMILY VIOLENCE WAIVER CRITERIA.
(a) In order to qualify for a family violence waiver, an individual must provide
documentation of past or current family violence which may prevent the individual
from participating in certain employment activities. deleted text begin A claim of family violence must
be documented by the applicant or participant providing a sworn statement which is
supported by collateral documentation.
deleted text end
(b) deleted text begin Collateral documentation may consist ofdeleted text end new text begin The following items may be considered
acceptable documentation or verification of family violencenew text end :
(1) police, government agency, or court records;
(2) a statement from a battered women's shelter staff with knowledge of the
circumstances or credible evidence that supports the sworn statement;
(3) a statement from a sexual assault or domestic violence advocate with knowledge
of the circumstances or credible evidence that supports the sworn statement;new text begin or
new text end
(4) a statement from professionals from whom the applicant or recipient has sought
assistance for the abusedeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(5) a sworn statement from any other individual with knowledge of circumstances or
credible evidence that supports the sworn statement.
deleted text end
new text begin
(c) A claim of family violence may also be documented by a sworn statement from
the applicant or participant and a sworn statement from any other person with knowledge
of the circumstances or credible evidence that supports the client's statement.
new text end
Sec. 14.
Minnesota Statutes 2007 Supplement, section 256J.621, is amended to read:
256J.621 WORK PARTICIPATION deleted text begin BONUSdeleted text end new text begin CASH BENEFITSnew text end .
(a) new text begin Effective October 1, 2009, new text end upon exiting the diversionary work program (DWP)
or upon terminating new text begin the Minnesota family investment program new text end MFIP deleted text begin cash assistancedeleted text end with
earnings, a participant who is employed may be eligible for deleted text begin transitional assistancedeleted text end new text begin work
participation cash benefits new text end of $75 per month to assist in meeting the family's basic needs
as the participant continues to move toward self-sufficiency.
(b) To be eligible for deleted text begin a transitional assistance paymentdeleted text end new text begin work participation cash
benefitsnew text end , the participant shall not receive MFIP deleted text begin cash assistancedeleted text end or diversionary work
program assistance during the month and the participant or participants must meet the
following work requirements:
(1) if the participant is a single caregiver and has a child under six years of age, the
participant must be employed at least 87 hours per month;
(2) if the participant is a single caregiver and does not have a child under six years of
age, the participant must be employed at least 130 hours per month; or
(3) if the household is a two-parent family, at least one of the parents must be
employed an average of at least 130 hours per month.
Whenever a participant exits the diversionary work program or is terminated from
MFIP deleted text begin cash assistancedeleted text end and meets the other criteria in this section, deleted text begin transitional assistance isdeleted text end
new text begin work participation cash benefits are new text end available for up to 24 consecutive months.
(c) Expenditures on the program are maintenance of effort state funds for participants
under paragraph (b), clauses (1) and (2). Expenditures for participants under paragraph
(b), clause (3), are nonmaintenance of effort funds. Months in which a participant receives
deleted text begin transitional assistancedeleted text end new text begin work participation cash benefits new text end under this section do not count
toward the participant's MFIP 60-month time limit.
Sec. 15.
Minnesota Statutes 2007 Supplement, section 256J.626, subdivision 3,
is amended to read:
Subd. 3.
Eligibility for services.
Families with a minor child, a pregnant woman,
or a noncustodial parent of a minor child receiving assistance, with incomes below 200
percent of the federal poverty guideline for a family of the applicable size, are eligible for
services funded under the consolidated fund. Counties and tribes must give priority to
families currently receiving MFIP, the diversionary work program, or family stabilization
services, and families at risk of receiving MFIP or diversionary work program.new text begin A county
or tribe shall not impose a residency requirement on families, except for the residency
requirement under section 256J.12.
new text end
Sec. 16.
Minnesota Statutes 2007 Supplement, section 256J.626, subdivision 7,
is amended to read:
Subd. 7.
Performance base funds.
(a) deleted text begin Beginningdeleted text end new text begin For new text end calendar year deleted text begin 2008deleted text end new text begin 2009
and yearly thereafternew text end , each county and tribe will be allocated 95 percent of their initial
calendar year allocation. Counties and tribes will be allocated additional funds based on
performance as follows:
(1) deleted text begin for calendar year 2008 and yearly thereafter,deleted text end a county or tribe that achieves a
50 percent deleted text begin MFIPdeleted text end new text begin TANFnew text end participation rate or a five percentage point improvement over
the previous year's deleted text begin MFIPdeleted text end new text begin TANFnew text end participation rate under section 256J.751, subdivision 2,
clause (7), as averaged across deleted text begin the four quarterly measurementsdeleted text end new text begin 12 consecutive monthsnew text end for
the most recent year for which the measurements are available, will receive an additional
allocation equal to 2.5 percent of its initial allocation; and
(2) deleted text begin for calendar years 2005 and thereafter, a county or tribe that performs above the
top of its annualized range of expected performance on the three-year self-support index
under section 256J.751, subdivision 2, clause (6), will receive an additional allocation
equal to five percent of its initial allocation; anddeleted text end
deleted text begin (3) for calendar years 2005 and thereafter,deleted text end a county or tribe that performs withinnew text begin or
abovenew text end its range of expected performance on the annualized three-year self-support index
under section 256J.751, subdivision 2, clause (6), will receive an additional allocation
equal to 2.5 percent of its initial allocation; and
deleted text begin (4) for calendar years 2008 and thereafter,deleted text end new text begin (3)new text end a county or tribe that does not achieve
a 50 percent deleted text begin MFIPdeleted text end new text begin TANFnew text end participation rate or a five percentage point improvement over
the previous year's deleted text begin MFIPdeleted text end new text begin TANFnew text end participation rate under section 256J.751, subdivision 2,
clause (7), as averaged across deleted text begin the four quarterly measurementsdeleted text end new text begin 12 consecutive monthsnew text end
for the most recent year for which the measurements are available, will not receive
an additional 2.5 percent of its initial allocation until after negotiating a multiyear
improvement plan with the commissioner; or
deleted text begin (5) for calendar years 2008 and thereafter,deleted text end new text begin (4)new text end a county or tribe that does not
perform withinnew text begin or abovenew text end its range of expected performance on the annualized three-year
self-support index under section 256J.751, subdivision 2, clause (6), will not receive an
additional allocation equal to 2.5 percent of its initial allocation until after negotiating a
multiyear improvement plan with the commissioner.
(b)new text begin For calendar year 2009 and yearly thereafter,new text end performance-based funds for a
federally approved tribal TANF program in which the state and tribe have in place a
contract under section 256.01, addressing consolidated funding, will be allocated as
follows:
(1) deleted text begin for calendar year 2006 and yearly thereafter,deleted text end a tribe that achieves the participation
rate approved in its federal TANF plan using the average of deleted text begin four quarterly measurementsdeleted text end new text begin
12 consecutive monthsnew text end for the most recent year for which the measurements are available,
will receive an additional allocation equal to 2.5 percent of its initial allocation; and
(2) deleted text begin for calendar years 2006 and thereafter, a tribe that performs above the top of its
annualized range of expected performance on the three-year self-support index under
section 256J.751, subdivision 2, clause (6), will receive an additional allocation equal
to five percent of its initial allocation; or
deleted text end
deleted text begin (3) for calendar years 2006 and thereafter,deleted text end a tribe that performs withinnew text begin or abovenew text end its
range of expected performance on the annualized three-year self-support index under
section 256J.751, subdivision 2, clause (6), will receive an additional allocation equal
to 2.5 percent of its initial allocation; or
deleted text begin (4) for calendar year 2008 and yearly thereafter,deleted text end new text begin (3)new text end a tribe that does not achieve the
participation rate approved in its federal TANF plan using the average of deleted text begin four quarterlydeleted text end
deleted text begin measurementsdeleted text end new text begin 12 consecutive monthsnew text end for the most recent year for which the measurements
are available, will not receive an additional allocation equal to 2.5 percent of its initial
allocation until after negotiating a multiyear improvement plan with the commissioner; or
deleted text begin (5) for calendar year 2008 and yearly thereafter,deleted text end new text begin (4)new text end a tribe that does not perform
withinnew text begin or abovenew text end its range of expected performance on the annualized three-year
self-support index under section 256J.751, subdivision 2, clause (6), will not receive an
additional allocation equal to 2.5 percent until after negotiating a multiyear improvement
plan with the commissioner.
(c) Funds remaining unallocated after the performance-based allocations in
paragraph (a) are available to the commissioner for innovation projects under subdivision
5.
(d) (1) If available funds are insufficient to meet county and tribal allocations
under paragraph (a), the commissioner may make available for allocation funds that are
unobligated and available from the innovation projects through the end of the current
biennium.
(2) If after the application of clause (1) funds remain insufficient to meet county and
tribal allocations under paragraph (a), the commissioner must proportionally reduce the
allocation of each county and tribe with respect to their maximum allocation available
under paragraph (a).
Sec. 17.
Minnesota Statutes 2007 Supplement, section 256J.95, subdivision 3, is
amended to read:
Subd. 3.
Eligibility for diversionary work program.
(a) Except for the categories
of family units listed below, all family units who apply for cash benefits and who
meet MFIP eligibility as required in sections 256J.11 to 256J.15 are eligible and must
participate in the diversionary work program. Family units that are not eligible for the
diversionary work program include:
(1) child only cases;
(2) a single-parent family unit that includes a child under 12 weeks of age. A parent
is eligible for this exception once in a parent's lifetime and is not eligible if the parent
has already used the previously allowed child under age one exemption from MFIP
employment services;
(3) a minor parent without a high school diploma or its equivalent;
(4) an 18- or 19-year-old caregiver without a high school diploma or its equivalent
who chooses to have an employment plan with an education option;
(5) a caregiver age 60 or over;
(6) family units with a caregiver who received DWP benefits in the 12 months prior
to the month the family applied for DWP, except as provided in paragraph (c);
(7) family units with a caregiver who received MFIP within the 12 months prior to
the month the family unit applied for DWP;
(8) a family unit with a caregiver who received 60 or more months of TANF
assistance;
(9) a family unit with a caregiver who is disqualified from DWP or MFIP due to
fraud; and
(10) refugees new text begin and asylees new text end as defined in Code of Federal Regulations, title 45, deleted text begin chapter
IVdeleted text end new text begin part 400, subpart dnew text end , section deleted text begin 444.43deleted text end new text begin 400.43new text end , who arrived in the United States in the 12
months prior to the date of application for family cash assistance.
(b) A two-parent family must participate in DWP unless both caregivers meet the
criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit
includes a parent who meets the criteria in paragraph (a), clause (6), (7), (8),deleted text begin ordeleted text end (9)new text begin , or (10)new text end .
(c) Once DWP eligibility is determined, the four months run consecutively. If a
participant leaves the program for any reason and reapplies during the four-month period,
the county must redetermine eligibility for DWP.
Sec. 18.
Minnesota Statutes 2006, section 518A.50, is amended to read:
518A.50 PAYMENT TO PUBLIC AGENCY.
(a) This section applies to all proceedings involving a support order, including, but
not limited to, a support order establishing an order for past support or reimbursement
of public assistance.
(b) The court shall direct that all payments ordered for maintenance or support
be made to the public authority responsible for child support enforcement so long as
the obligee is receiving or has applied for public assistance, or has applied for child
support or maintenance collection services. Public authorities responsible for child
support enforcement may act on behalf of other public authorities responsible for child
support enforcement, including the authority to represent the legal interests of or execute
documents on behalf of the other public authority in connection with the establishment,
enforcement, and collection of child support, maintenance, or medical support, and
collection on judgments.
(c) Payments made to the public authority deleted text begin other than payments under section
518A.53deleted text end must be credited as of the date the payment is received by the central collections
unitdeleted text begin .deleted text end new text begin , except that payments made under section 518A.53 may be considered to have been
paid as of the date the obligor received the remainder of the income.
new text end
(d) Monthly amounts received by the public agency responsible for child support
enforcement from the obligor that are greater than the monthly amount of public assistance
granted to the obligee must be remitted to the obligee.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2009.
new text end
Sec. 19.
Minnesota Statutes 2006, section 518A.53, subdivision 5, is amended to read:
Subd. 5.
Payor of funds responsibilities.
(a) An order for or notice of withholding
is binding on a payor of funds upon receipt. Withholding must begin no later than the first
pay period that occurs after 14 days following the date of receipt of the order for or notice
of withholding. In the case of a financial institution, preauthorized transfers must occur in
accordance with a court-ordered payment schedule.
(b) A payor of funds shall withhold from the income payable to the obligor the
amount specified in the order or notice of withholding and amounts specified under
subdivisions 6 and 9 and shall remit the amounts withheld to the public authority within
seven business days of the date the obligor is paid the remainder of the income. The payor
of funds shall include with the remittance the Social Security number of the obligor, the
case type indicator as provided by the public authority and the date the obligor is paid
the remainder of the income. deleted text begin The obligor is considered to have paid the amount withheld
as of the date the obligor received the remainder of the income.deleted text end A payor of funds may
combine all amounts withheld from one pay period into one payment to each public
authority, but shall separately identify each obligor making payment.
(c) A payor of funds shall not discharge, or refuse to hire, or otherwise discipline an
employee as a result of wage or salary withholding authorized by this section. A payor of
funds shall be liable to the obligee for any amounts required to be withheld. A payor of
funds that fails to withhold or transfer funds in accordance with this section is also liable
to the obligee for interest on the funds at the rate applicable to judgments under section
549.09, computed from the date the funds were required to be withheld or transferred.
A payor of funds is liable for reasonable attorney fees of the obligee or public authority
incurred in enforcing the liability under this paragraph. A payor of funds that has failed
to comply with the requirements of this section is subject to contempt sanctions under
section 518A.73. If the payor of funds is an employer or independent contractor and
violates this subdivision, a court may award the obligor twice the wages lost as a result
of this violation. If a court finds a payor of funds violated this subdivision, the court
shall impose a civil fine of not less than $500. The liabilities in this paragraph apply to
intentional noncompliance with this section.
(d) If a single employee is subject to multiple withholding orders or multiple notices
of withholding for the support of more than one child, the payor of funds shall comply
with all of the orders or notices to the extent that the total amount withheld from the
obligor's income does not exceed the limits imposed under the Consumer Credit Protection
Act, United States Code, title 15, section 1673(b), giving priority to amounts designated in
each order or notice as current support as follows:
(1) if the total of the amounts designated in the orders for or notices of withholding
as current support exceeds the amount available for income withholding, the payor of
funds shall allocate to each order or notice an amount for current support equal to the
amount designated in that order or notice as current support, divided by the total of the
amounts designated in the orders or notices as current support, multiplied by the amount
of the income available for income withholding; and
(2) if the total of the amounts designated in the orders for or notices of withholding
as current support does not exceed the amount available for income withholding, the
payor of funds shall pay the amounts designated as current support, and shall allocate to
each order or notice an amount for past due support, equal to the amount designated in
that order or notice as past due support, divided by the total of the amounts designated in
the orders or notices as past due support, multiplied by the amount of income remaining
available for income withholding after the payment of current support.
(e) When an order for or notice of withholding is in effect and the obligor's
employment is terminated, the obligor and the payor of funds shall notify the public
authority of the termination within ten days of the termination date. The termination
notice shall include the obligor's home address and the name and address of the obligor's
new payor of funds, if known.
(f) A payor of funds may deduct one dollar from the obligor's remaining salary for
each payment made pursuant to an order for or notice of withholding under this section to
cover the expenses of withholding.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2009.
new text end
Sec. 20.
Laws 2007, chapter 147, article 19, section 3, subdivision 4, is amended to
read:
Subd. 4.Children and Economic Assistance
|
||||||
The amounts that may be spent from this
appropriation for each purpose are as follows:
| (a) MFIP/DWP Grants |
||||||
| Appropriations by Fund |
||
| General |
62,069,000 |
62,405,000 |
| Federal TANF |
75,904,000 |
80,841,000 |
| (b) Support Services Grants |
||||||
| Appropriations by Fund |
||
| General |
8,715,000 |
8,715,000 |
| Federal TANF |
113,429,000 |
115,902,000 |
TANF Prior Appropriation Cancellation.
Notwithstanding Laws 2001, First Special
Session chapter 9, article 17, section
2, subdivision 11, paragraph (b), any
unexpended TANF funds appropriated to the
commissioner to contract with the Board of
Trustees of Minnesota State Colleges and
Universities, to provide tuition waivers to
employees of health care and human service
providers that are members of qualifying
consortia operating under Minnesota
Statutes, sections 116L.10 to 116L.15, must
cancel at the end of fiscal year 2007.
MFIP Pilot Program. Of the TANF
appropriation, $100,000 in fiscal year 2008
and $750,000 in fiscal year 2009 are for a
grant to the Stearns-Benton Employment and
Training Council for the Workforce U pilot
program. Base level funding for this program
shall be $750,000 in 2010 and $0 in 2011.
Supported Work. (1) Of the TANF
appropriation, $5,468,000 in fiscal year 2008
deleted text begin and $7,291,000 in fiscal year 2009 aredeleted text end new text begin is new text end for
supported work for MFIP participants, to
be allocated to counties and tribes based on
the criteria under clauses (2) and (3)new text begin , and is
available until expendednew text end . Paid transitional
work experience and other supported
employment under this rider provides
a continuum of employment assistance,
including outreach and recruitment,
program orientation and intake, testing and
assessment, job development and marketing,
preworksite training, supported worksite
experience, job coaching, and postplacement
follow-up, in addition to extensive case
management and referral services. * (The
preceding text "and $7,291,000 in fiscal
year 2009" was indicated as vetoed by the
governor.)
(2) A county or tribe is eligible to receive an
allocation under this rider if:
(i) the county or tribe is not meeting the
federal work participation rate;
(ii) the county or tribe has participants who
are required to perform work activities under
Minnesota Statutes, chapter 256J, but are not
meeting hourly work requirements; and
(iii) the county or tribe has assessed
participants who have completed six weeks
of job search or are required to perform
work activities and are not meeting the
hourly requirements, and the county or tribe
has determined that the participant would
benefit from working in a supported work
environment.
(3) A county or tribe may also be eligible for
funds in order to contract for supplemental
hours of paid work at the participant's child's
place of education, child care location, or the
child's physical or mental health treatment
facility or office. This grant to counties and
tribes is specifically for MFIP participants
who need to work up to five hours more
per week in order to meet the hourly work
requirement, and the participant's employer
cannot or will not offer more hours to the
participant.
Work Study. Of the TANF appropriation,
$750,000 each year are to the commissioner
to contract with the Minnesota Office of
Higher Education for the biennium beginning
July 1, 2007, for work study grants under
Minnesota Statutes, section 136A.233,
specifically for low-income individuals who
receive assistance under Minnesota Statutes,
chapter 256J, and for grants to opportunities
industrialization centers. * (The preceding
text beginning "Work Study. Of the TANF
appropriation," was indicated as vetoed by
the governor.)
Integrated Service Projects. $2,500,000
in fiscal year 2008 and $2,500,000 in fiscal
year 2009 are appropriated from the TANF
fund to the commissioner to continue to
fund the existing integrated services projects
for MFIP families, and if funding allows,
additional similar projects.
Base Adjustment. The TANF base for fiscal
year 2010 is $115,902,000 and for fiscal year
2011 is $115,152,000.
| (c) MFIP Child Care Assistance Grants |
||||||
| General |
74,654,000 |
71,951,000 |
| (d) Basic Sliding Fee Child Care Assistance Grants |
||||||
| General |
42,995,000 |
45,008,000 |
Base Adjustment. The general fund base
is $44,881,000 for fiscal year 2010 and
$44,852,000 for fiscal year 2011.
At-Home Infant Care Program. No
funding shall be allocated to or spent on
the at-home infant care program under
Minnesota Statutes, section 119B.035.
| (e) Child Care Development Grants |
||||||
| General |
4,390,000 |
deleted text begin 6,390,000deleted text end new text begin 6,140,000new text end |
Prekindergarten Exploratory Projects. Of
the general fund appropriation, $2,000,000
the first year and deleted text begin $4,000,000deleted text end new text begin $3,750,000new text end
the second year are for grants to the city
of St. Paul, Hennepin County, and Blue
Earth County to establish scholarship
demonstration projects to be conducted
in partnership with the Minnesota Early
Learning Foundation to promote children's
school readiness. This appropriation is
available until June 30, 2009.
Child Care Services Grants. Of this
appropriation, $500,000 each year are for
the purpose of providing child care services
grants under Minnesota Statutes, section
119B.21, subdivision 5. This appropriation
is for the 2008-2009 biennium only, and does
not increase the base funding.
Early Childhood Professional
Development System. Of this appropriation,
$500,000 each year are for purposes of the
early childhood professional development
system, which increases the quality and
continuum of professional development
opportunities for child care practitioners.
This appropriation is for the 2008-2009
biennium only, and does not increase the
base funding.
Base Adjustment. The general fund base
is $1,515,000 for each of fiscal years 2010
and 2011.
| (f) Child Support Enforcement Grants |
||||||
| General |
11,038,000 |
3,705,000 |
Child Support Enforcement. $7,333,000
for fiscal year 2008 is to make grants to
counties for child support enforcement
programs to make up for the loss under the
2005 federal Deficit Reduction Act of federal
matching funds for federal incentive funds
passed on to the counties by the state.
This appropriation is available until June 30,
2009.
| (g) Children's Services Grants |
||||||
| Appropriations by Fund |
||
| General |
63,647,000 |
71,147,000 |
| Health Care Access |
250,000 |
-0- |
| TANF |
240,000 |
340,000 |
Grants for Programs Serving Young
Parents. Of the TANF fund appropriation,
$140,000 each year is for a grant to a program
or programs that provide comprehensive
services through a private, nonprofit agency
to young parents in Hennepin County who
have dropped out of school and are receiving
public assistance. The program administrator
shall report annually to the commissioner on
skills development, education, job training,
and job placement outcomes for program
participants.
County Allocations for Rate Increases.
County Children and Community Services
Act allocations shall be increased by
$197,000 effective October 1, 2007, and
$696,000 effective October 1, 2008, to help
counties pay for the rate adjustments to
day training and habilitation providers for
participants paid by county social service
funds. Notwithstanding the provisions of
Minnesota Statutes, section 256M.40, the
allocation to a county shall be based on
the county's proportion of social services
spending for day training and habilitation
services as determined in the most recent
social services expenditure and grant
reconciliation report.
Privatized Adoption Grants. Federal
reimbursement for privatized adoption grant
and foster care recruitment grant expenditures
is appropriated to the commissioner for
adoption grants and foster care and adoption
administrative purposes.
Adoption Assistance Incentive Grants.
Federal funds available during fiscal year
2008 and fiscal year 2009 for the adoption
incentive grants are appropriated to the
commissioner for these purposes.
Adoption Assistance and Relative Custody
Assistance. The commissioner may transfer
unencumbered appropriation balances for
adoption assistance and relative custody
assistance between fiscal years and between
programs.
Children's Mental Health Grants. Of the
general fund appropriation, $5,913,000 in
fiscal year 2008 and $6,825,000 in fiscal year
2009 are for children's mental health grants.
The purpose of these grants is to increase and
maintain the state's children's mental health
service capacity, especially for school-based
mental health services. The commissioner
shall require grantees to utilize all available
third party reimbursement sources as a
condition of using state grant funds. At
least 15 percent of these funds shall be
used to encourage efficiencies through early
intervention services. At least another 15
percent shall be used to provide respite care
services for children with severe emotional
disturbance at risk of out-of-home placement.
Mental Health Crisis Services. Of the
general fund appropriation, $2,528,000 in
fiscal year 2008 and $2,850,000 in fiscal year
2009 are for statewide funding of children's
mental health crisis services. Providers must
utilize all available funding streams.
Children's Mental Health Evidence-Based
and Best Practices. Of the general fund
appropriation, $375,000 in fiscal year 2008
and $750,000 in fiscal year 2009 are for
children's mental health evidence-based and
best practices including, but not limited
to: Adolescent Integrated Dual Diagnosis
Treatment services; school-based mental
health services; co-location of mental
health and physical health care, and; the
use of technological resources to better
inform diagnosis and development of
treatment plan development by mental
health professionals. The commissioner
shall require grantees to utilize all available
third-party reimbursement sources as a
condition of using state grant funds.
Culturally Specific Mental Health
Treatment Grants. Of the general fund
appropriation, $75,000 in fiscal year 2008
and $300,000 in fiscal year 2009 are for
children's mental health grants to support
increased availability of mental health
services for persons from cultural and
ethnic minorities within the state. The
commissioner shall use at least 20 percent
of these funds to help members of cultural
and ethnic minority communities to become
qualified mental health professionals and
practitioners. The commissioner shall assist
grantees to meet third-party credentialing
requirements and require them to utilize all
available third-party reimbursement sources
as a condition of using state grant funds.
Mental Health Services for Children with
Special Treatment Needs. Of the general
fund appropriation, $50,000 in fiscal year
2008 and $200,000 in fiscal year 2009 are
for children's mental health grants to support
increased availability of mental health
services for children with special treatment
needs. These shall include, but not be limited
to: victims of trauma, including children
subjected to abuse or neglect, veterans and
their families, and refugee populations;
persons with complex treatment needs, such
as eating disorders; and those with low
incidence disorders.
MFIP and Children's Mental Health
Pilot Project. Of the TANF appropriation,
$100,000 in fiscal year 2008 and $200,000
in fiscal year 2009 are to fund the MFIP
and children's mental health pilot project.
Of these amounts, up to $100,000 may be
expended on evaluation of this pilot.
Prenatal Alcohol or Drug Use. Of the
general fund appropriation, $75,000 each
year is to award grants beginning July 1,
2007, to programs that provide services
under Minnesota Statutes, section 254A.171,
in Pine, Kanabec, and Carlton Counties. This
appropriation shall become part of the base
appropriation.
Base Adjustment. The general fund base
is $62,572,000 in fiscal year 2010 and
$62,575,000 in fiscal year 2011.
| (h) Children and Community Services Grants |
||||||
| General |
101,369,000 |
69,208,000 |
Base Adjustment. The general fund base
is $69,274,000 in each of fiscal years 2010
and 2011.
Targeted Case Management Temporary
Funding. (a) Of the general fund
appropriation, $32,667,000 in fiscal year
2008 is transferred to the targeted case
management contingency reserve account in
the general fund to be allocated to counties
and tribes affected by reductions in targeted
case management federal Medicaid revenue
as a result of the provisions in the federal
Deficit Reduction Act of 2005, Public Law
109-171.
(b) Contingent upon (1) publication by the
federal Centers for Medicare and Medicaid
Services of final regulations implementing
the targeted case management provisions
of the federal Deficit Reduction Act of
2005, Public Law 109-171, or (2) the
issuance of a finding by the Centers for
Medicare and Medicaid Services of federal
Medicaid overpayments for targeted case
management expenditures, up to $32,667,000
is appropriated to the commissioner of human
services. Prior to distribution of funds, the
commissioner shall estimate and certify the
amount by which the federal regulations or
federal disallowance will reduce targeted
case management Medicaid revenue over the
2008-2009 biennium.
(c) Within 60 days of a contingency described
in paragraph (b), the commissioner shall
distribute the grants proportionate to each
affected county or tribe's targeted case
management federal earnings for calendar
year 2005, not to exceed the lower of (1) the
amount of the estimated reduction in federal
revenue or (2) $32,667,000.
(d) These funds are available in either year of
the biennium. Counties and tribes shall use
these funds to pay for social service-related
costs, but the funds are not subject to
provisions of the Children and Community
Services Act grant under Minnesota Statutes,
chapter 256M.
(e) This appropriation shall be available to
pay counties and tribes for expenses incurred
on or after July 1, 2007. The appropriation
shall be available until expended.
| (i) General Assistance Grants |
||||||
| General |
37,876,000 |
38,253,000 |
General Assistance Standard. The
commissioner shall set the monthly standard
of assistance for general assistance units
consisting of an adult recipient who is
childless and unmarried or living apart
from parents or a legal guardian at $203.
The commissioner may reduce this amount
according to Laws 1997, chapter 85, article
3, section 54.
Emergency General Assistance. The
amount appropriated for emergency general
assistance funds is limited to no more
than $7,889,812 in fiscal year 2008 and
$7,889,812 in fiscal year 2009. Funds
to counties must be allocated by the
commissioner using the allocation method
specified in Minnesota Statutes, section
256D.06.
| (j) Minnesota Supplemental Aid Grants |
||||||
| General |
30,505,000 |
30,812,000 |
Emergency Minnesota Supplemental
Aid Funds. The amount appropriated for
emergency Minnesota supplemental aid
funds is limited to no more than $1,100,000
in fiscal year 2008 and $1,100,000 in fiscal
year 2009. Funds to counties must be
allocated by the commissioner using the
allocation method specified in Minnesota
Statutes, section 256D.46.
| (k) Group Residential Housing Grants |
||||||
| General |
91,069,000 |
98,671,000 |
People Incorporated. Of the general fund
appropriation, $460,000 each year is to
augment community support and mental
health services provided to individuals
residing in facilities under Minnesota
Statutes, section 256I.05, subdivision 1m.
| (l) Other Children and Economic Assistance Grants |
||||||
| General |
20,183,000 |
16,333,000 |
| Federal TANF |
1,500,000 |
1,500,000 |
Base Adjustment. The general fund base
shall be $16,033,000 in fiscal year 2010 and
$15,533,000 in fiscal year 2011. The TANF
base shall be $1,500,000 in fiscal year 2010
and $1,181,000 in fiscal year 2011.
Homeless and Runaway Youth. Of the
general fund appropriation, $500,000 each
year are for the Runaway and Homeless
Youth Act under Minnesota Statutes, section
256K.45. Funds shall be spent in each area
of the continuum of care to ensure that
programs are meeting the greatest need. This
is a onetime appropriation.
Long-Term Homelessness. Of the general
fund appropriation, deleted text begin $1,500,000 each year
aredeleted text end new text begin $2,000,000 in fiscal year 2008 is new text end for
implementation of programs to address
long-term homelessnessnew text begin and is available in
either year of the bienniumnew text end . This is a onetime
appropriation.
Minnesota Community Action Grants. (a)
Of the general fund appropriation, $250,000
each year is for the purposes of Minnesota
community action grants under Minnesota
Statutes, sections 256E.30 to 256E.32. This
is a onetime appropriation.
(b) Of the TANF appropriation, $1,500,000
each year is for community action agencies
for auto repairs, auto loans, and auto purchase
grants to individuals who are eligible to
receive benefits under Minnesota Statutes,
chapter 256J, or who have lost eligibility
for benefits under Minnesota Statutes,
chapter 256J, due to earnings in the prior 12
months. Base level funding for this activity
shall be $1,500,000 in fiscal year 2010
and $1,181,000 in fiscal year 2011. * (The
preceding text beginning "(b) Of the TANF
appropriation," was indicated as vetoed by
the governor.)
(c) Money appropriated under paragraphs (a)
and (b) that is not spent in the first year does
not cancel but is available for the second
year.
Sec. 21. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, sections 256.741, subdivision 15; and 256J.24, subdivision
6,
new text end
new text begin
are repealed.
new text end
ARTICLE 23
CONTINUING CARE
Section 1.
Minnesota Statutes 2006, section 256B.0621, subdivision 2, is amended to
read:
Subd. 2.
Targeted case management; definitions.
For purposes of subdivisions 3
to 10, the following terms have the meanings given them:
(1) "home care service recipients" means those individuals receiving the following
services under sections 256B.0651 to 256B.0656: skilled nursing visits, home health aide
visits, private duty nursing, personal care assistants, or therapies provided through a
home health agency;
(2) "home care targeted case management" means the provision of targeted case
management services for the purpose of assisting home care service recipients to gain
access to needed services and supports so that they may remain in the community;
(3) "institutions" means hospitals, consistent with Code of Federal Regulations, title
42, section 440.10; regional treatment center inpatient services, consistent with section
245.474; nursing facilities; and intermediate care facilities for persons with developmental
disabilities;
(4) "relocation targeted case management" includes the provision of both county
targeted case management and public or private vendor service coordination services
for the purpose of assisting recipients to gain access to needed services and supports if
they choose to move from an institution to the community. Relocation targeted case
management may be provided duringnew text begin the lesser of:
new text end
new text begin (i) new text end the last 180 consecutive days of an eligible recipient's institutional staynew text begin ; or
new text end
new text begin (ii) the limits and conditions which apply to federal Medicaid funding for this
servicenew text end ; and
(5) "targeted case management" means case management services provided to help
recipients gain access to needed medical, social, educational, and other services and
supports.
Sec. 2.
Minnesota Statutes 2006, section 256B.0621, subdivision 6, is amended to read:
Subd. 6.
Eligible services.
(a) Services eligible for medical assistance
reimbursement as targeted case management include:
(1) assessment of the recipient's need for targeted case management services and
for persons choosing to relocate, the county must provide service coordination provider
options at the first contact and upon request;
(2) development, completion, and regular review of a written individual service
plan, which is based upon the assessment of the recipient's needs and choices, and which
will ensure access to medical, social, educational, and other related services and supports;
(3) routine contact or communication with the recipient, recipient's family, primary
caregiver, legal representative, substitute care provider, service providers, or other relevant
persons identified as necessary to the development or implementation of the goals of the
individual service plan;
(4) coordinating referrals for, and the provision of, case management services for
the recipient with appropriate service providers, consistent with section 1902(a)(23) of
the Social Security Act;
(5) coordinating and monitoring the overall service delivery and engaging in
advocacy as needed to ensure quality of services, appropriateness, and continued need;
(6) completing and maintaining necessary documentation that supports and verifies
the activities in this subdivision;
(7) assisting individuals in order to access needed services, including travel to
conduct a visit with the recipient or other relevant person necessary to develop or
implement the goals of the individual service plan; and
(8) coordinating with the institution discharge planner deleted text begin in the 180-day perioddeleted text end before
the recipient's discharge.
(b) Relocation targeted county case management includes services under paragraph
(a), clauses (1), (2), and (4). Relocation service coordination includes services under
paragraph (a), clauses (3) and (5) to (8). Home care targeted case management includes
services under paragraph (a), clauses (1) to (8).
Sec. 3.
Minnesota Statutes 2006, section 256B.0621, subdivision 10, is amended to
read:
Subd. 10.
Payment rates.
The commissioner shall set payment rates for targeted
case management under this subdivision. Case managers may bill according to the
following criteria:
(1) for relocation targeted case management, case managers may bill for direct case
management activities, including face-to-face and telephone contacts, in thenew text begin lesser of:
new text end
new text begin (i) new text end 180 days preceding an eligible recipient's discharge from an institutionnew text begin ; or
new text end
new text begin (ii) the limits and conditions which apply to federal Medicaid funding for this
servicenew text end ;
(2) for home care targeted case management, case managers may bill for direct case
management activities, including face-to-face and telephone contacts; and
(3) billings for targeted case management services under this subdivision shall not
duplicate payments made under other program authorities for the same purpose.
Sec. 4.
Minnesota Statutes 2007 Supplement, section 256B.0625, subdivision 20,
is amended to read:
Subd. 20.
Mental health case management.
(a) To the extent authorized by rule
of the state agency, medical assistance covers case management services to persons with
serious and persistent mental illness and children with severe emotional disturbance.
Services provided under this section must meet the relevant standards in sections 245.461
to 245.4887, the Comprehensive Adult and Children's Mental Health Acts, Minnesota
Rules, parts 9520.0900 to 9520.0926, and 9505.0322, excluding subpart 10.
(b) Entities meeting program standards set out in rules governing family community
support services as defined in section 245.4871, subdivision 17, are eligible for medical
assistance reimbursement for case management services for children with severe
emotional disturbance when these services meet the program standards in Minnesota
Rules, parts 9520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10.
(c) Medical assistance and MinnesotaCare payment for mental health case
management shall be made on a monthly basis. In order to receive payment for an eligible
child, the provider must document at least a face-to-face contact with the child, the child's
parents, or the child's legal representative. To receive payment for an eligible adult, the
provider must document:
(1) at least a face-to-face contact with the adult or the adult's legal representative; or
(2) at least a telephone contact with the adult or the adult's legal representative and
document a face-to-face contact with the adult or the adult's legal representative within
the preceding two months.
(d) Payment for mental health case management provided by county or state staff
shall be based on the monthly rate methodology under section 256B.094, subdivision 6,
paragraph (b), with separate rates calculated for child welfare and mental health, and
within mental health, separate rates for children and adults.
(e) Payment for mental health case management provided by Indian health services
or by agencies operated by Indian tribes may be made according to this section or other
relevant federally approved rate setting methodology.
(f) Payment for mental health case management provided by vendors who contract
with a county or Indian tribe shall be based on a monthly rate negotiated by the host county
or tribe. The negotiated rate must not exceed the rate charged by the vendor for the same
service to other payers. If the service is provided by a team of contracted vendors, the
county or tribe may negotiate a team rate with a vendor who is a member of the team. The
team shall determine how to distribute the rate among its members. No reimbursement
received by contracted vendors shall be returned to the county or tribe, except to reimburse
the county or tribe for advance funding provided by the county or tribe to the vendor.
(g) If the service is provided by a team which includes contracted vendors, tribal
staff, and county or state staff, the costs for county or state staff participation in the team
shall be included in the rate for county-provided services. In this case, the contracted
vendor, the tribal agency, and the county may each receive separate payment for services
provided by each entity in the same month. In order to prevent duplication of services,
each entity must document, in the recipient's file, the need for team case management and
a description of the roles of the team members.
(h) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs
for mental health case management shall be provided by the recipient's county of
responsibility, as defined in sections 256G.01 to 256G.12, from sources other than federal
funds or funds used to match other federal funds. If the service is provided by a tribal
agency, the nonfederal share, if any, shall be provided by the recipient's tribe. When this
service is paid by the state without a federal share through fee-for-service, 50 percent of
the cost shall be provided by the recipient's county of responsibility.
(i) Notwithstanding any administrative rule to the contrary, prepaid medical
assistance, general assistance medical care, and MinnesotaCare include mental health case
management. When the service is provided through prepaid capitation, the nonfederal
share is paid by the state and the county pays no share.
(j) The commissioner may suspend, reduce, or terminate the reimbursement to a
provider that does not meet the reporting or other requirements of this section. The county
of responsibility, as defined in sections 256G.01 to 256G.12, or, if applicable, the tribal
agency, is responsible for any federal disallowances. The county or tribe may share this
responsibility with its contracted vendors.
(k) The commissioner shall set aside a portion of the federal funds earned for county
expenditures under this section to repay the special revenue maximization account under
section 256.01, subdivision 2, clause (15). The repayment is limited to:
(1) the costs of developing and implementing this section; and
(2) programming the information systems.
(l) Payments to counties and tribal agencies for case management expenditures
under this section shall only be made from federal earnings from services provided
under this section. When this service is paid by the state without a federal share through
fee-for-service, 50 percent of the cost shall be provided by the state. Payments to
county-contracted vendors shall include the federal earnings, the state share, and the
county share.
(m) Case management services under this subdivision do not include therapy,
treatment, legal, or outreach services.
(n) If the recipient is a resident of a nursing facility, intermediate care facility, or
hospital, and the recipient's institutional care is paid by medical assistance, payment for
case management services under this subdivision is limited to the new text begin lesser of:
new text end
new text begin (1) the new text end last 180 days of the recipient's residency in that facility and may not exceed
more than six months in a calendar yearnew text begin ; or
new text end
new text begin (2) the limits and conditions which apply to federal Medicaid funding for this servicenew text end .
(o) Payment for case management services under this subdivision shall not duplicate
payments made under other program authorities for the same purpose.
Sec. 5.
new text begin
[256B.0658] HOUSING ACCESS GRANTS.
new text end
new text begin
The commissioner of human services shall award through a competitive process
contracts for grants to public and private agencies to support and assist individuals eligible
for publicly funded home and community-based services, including state plan home care,
to access housing. Grants may be awarded to agencies that may include, but are not limited
to, the following supports: assessment to ensure suitability of housing, accompanying an
individual to look at housing, filling out applications and rental agreements, meeting
with landlords, helping with Section 8 or other program applications, helping to develop
a budget, obtaining furniture and household goods, if necessary, and assisting with any
problems that may arise with housing.
new text end
Sec. 6.
Minnesota Statutes 2006, section 256B.0924, subdivision 4, is amended to read:
Subd. 4.
Targeted case management service activities.
(a) For persons with
developmental disabilities, targeted case management services must meet the provisions
of section 256B.092.
(b) For persons not eligible as a person with a developmental disability, targeted
case management service activities include:
(1) an assessment of the person's need for targeted case management services;
(2) the development of a written personal service plan;
(3) a regular review and revision of the written personal service plan with the
recipient and the recipient's legal representative, and others as identified by the recipient,
to ensure access to necessary services and supports identified in the plan;
(4) effective communication with the recipient and the recipient's legal representative
and others identified by the recipient;
(5) coordination of referrals for needed services with qualified providers;
(6) coordination and monitoring of the overall service delivery to ensure the quality
and effectiveness of services;
(7) assistance to the recipient and the recipient's legal representative to help make
an informed choice of services;
(8) advocating on behalf of the recipient when service barriers are encountered or
referring the recipient and the recipient's legal representative to an independent advocate;
(9) monitoring and evaluating services identified in the personal service plan to
ensure personal outcomes are met and to ensure satisfaction with services and service
delivery;
(10) conducting face-to-face monitoring with the recipient at least twice a year;
(11) completing and maintaining necessary documentation that supports and verifies
the activities in this section;
(12) coordinating with the medical assistance facility discharge planner deleted text begin in the
180-day perioddeleted text end prior to the recipient's discharge into the community; and
(13) a personal service plan developed and reviewed at least annually with the
recipient and the recipient's legal representative. The personal service plan must be revised
when there is a change in the recipient's status. The personal service plan must identify:
(i) the desired personal short and long-term outcomes;
(ii) the recipient's preferences for services and supports, including development of
a person-centered plan if requested; and
(iii) formal and informal services and supports based on areas of assessment, such
as: social, health, mental health, residence, family, educational and vocational, safety,
legal, self-determination, financial, and chemical health as determined by the recipient and
the recipient's legal representative and the recipient's support network.
Sec. 7.
Minnesota Statutes 2006, section 256B.0924, subdivision 6, is amended to read:
Subd. 6.
Payment for targeted case management.
(a) Medical assistance and
MinnesotaCare payment for targeted case management shall be made on a monthly basis.
In order to receive payment for an eligible adult, the provider must document at least one
contact per month and not more than two consecutive months without a face-to-face
contact with the adult or the adult's legal representative, family, primary caregiver, or
other relevant persons identified as necessary to the development or implementation
of the goals of the personal service plan.
(b) Payment for targeted case management provided by county staff under this
subdivision shall be based on the monthly rate methodology under section 256B.094,
subdivision 6, paragraph (b), calculated as one combined average rate together with
adult mental health case management under section 256B.0625, subdivision 20, except
for calendar year 2002. In calendar year 2002, the rate for case management under this
section shall be the same as the rate for adult mental health case management in effect
as of December 31, 2001. Billing and payment must identify the recipient's primary
population group to allow tracking of revenues.
(c) Payment for targeted case management provided by county-contracted vendors
shall be based on a monthly rate negotiated by the host county. The negotiated rate must
not exceed the rate charged by the vendor for the same service to other payers. If the
service is provided by a team of contracted vendors, the county may negotiate a team rate
with a vendor who is a member of the team. The team shall determine how to distribute
the rate among its members. No reimbursement received by contracted vendors shall be
returned to the county, except to reimburse the county for advance funding provided by
the county to the vendor.
(d) If the service is provided by a team that includes contracted vendors and county
staff, the costs for county staff participation on the team shall be included in the rate for
county-provided services. In this case, the contracted vendor and the county may each
receive separate payment for services provided by each entity in the same month. In
order to prevent duplication of services, the county must document, in the recipient's file,
the need for team targeted case management and a description of the different roles of
the team members.
(e) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs
for targeted case management shall be provided by the recipient's county of responsibility,
as defined in sections 256G.01 to 256G.12, from sources other than federal funds or
funds used to match other federal funds.
(f) The commissioner may suspend, reduce, or terminate reimbursement to a
provider that does not meet the reporting or other requirements of this section. The county
of responsibility, as defined in sections 256G.01 to 256G.12, is responsible for any federal
disallowances. The county may share this responsibility with its contracted vendors.
(g) The commissioner shall set aside five percent of the federal funds received under
this section for use in reimbursing the state for costs of developing and implementing
this section.
(h) Payments to counties for targeted case management expenditures under this
section shall only be made from federal earnings from services provided under this
section. Payments to contracted vendors shall include both the federal earnings and the
county share.
(i) Notwithstanding section 256B.041, county payments for the cost of case
management services provided by county staff shall not be made to the commissioner of
finance. For the purposes of targeted case management services provided by county staff
under this section, the centralized disbursement of payments to counties under section
256B.041 consists only of federal earnings from services provided under this section.
(j) If the recipient is a resident of a nursing facility, intermediate care facility, or
hospital, and the recipient's institutional care is paid by medical assistance, payment for
targeted case management services under this subdivision is limited tonew text begin the lesser of:
new text end
new text begin (1) new text end the last 180 days of the recipient's residency in that facility deleted text begin and may not exceed
more than six months in a calendar yeardeleted text end new text begin ; or
new text end
new text begin (2) the limits and conditions which apply to federal Medicaid funding for this servicenew text end .
(k) Payment for targeted case management services under this subdivision shall not
duplicate payments made under other program authorities for the same purpose.
(l) Any growth in targeted case management services and cost increases under this
section shall be the responsibility of the counties.
Sec. 8.
Minnesota Statutes 2006, section 256B.19, subdivision 1d, is amended to read:
Subd. 1d.
Portion of nonfederal share to be paid by certain counties.
(a)
In addition to the percentage contribution paid by a county under subdivision 1, the
governmental units designated in this subdivision shall be responsible for an additional
portion of the nonfederal share of medical assistance cost. For purposes of this
subdivision, "designated governmental unit" means the counties of Becker, Beltrami,
Clearwater, Cook, Dodge, Hubbard, Itasca, Lake, Pennington, Pipestone, Ramsey, St.
Louis, Steele, Todd, Traverse, and Wadena.
(b) Beginning in 1994, each of the governmental units designated in this subdivision
shall transfer before noon on May 31 to the state Medicaid agency an amount equal to the
number of licensed beds in any nursing home owned and operated by the county on that
date, with the county named as licensee, multiplied by $5,723. If two or more counties own
and operate a nursing home, the payment shall be prorated. These sums shall be part of the
designated governmental unit's portion of the nonfederal share of medical assistance costs.
(c) Beginning in 2002, in addition to any transfer under paragraph (b), each of the
governmental units designated in this subdivision shall transfer before noon on May 31
to the state Medicaid agency an amount equal to the number of licensed beds in any
nursing home owned and operated by the county on that date, with the county named as
licensee, multiplied by $10,784. The provisions of paragraph (b) apply to transfers under
this paragraph.
deleted text begin
(d) Beginning in 2003, in addition to any transfer under paragraphs (b) and (c), each
of the governmental units designated in this subdivision shall transfer before noon on May
31 to the state Medicaid agency an amount equal to the number of licensed beds in any
nursing home owned and operated by the county on that date, with the county named as
licensee, multiplied by $2,230. The provisions of paragraph (b) apply to transfers under
this paragraph.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end The commissioner may reduce the intergovernmental transfers under
deleted text begin paragraphsdeleted text end new text begin paragraphnew text end (c) deleted text begin and (d)deleted text end based on the commissioner's determination of the
payment rate in section 256B.431, subdivision 23, paragraphs (c)deleted text begin ,deleted text end new text begin andnew text end (d)deleted text begin , and (e)deleted text end . Any
adjustments must be made on a per-bed basis and must result in an amount equivalent to
the total amount resulting from the rate adjustment in section 256B.431, subdivision 23,
paragraphs (c)deleted text begin ,deleted text end new text begin andnew text end (d)deleted text begin , and (e)deleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2006, section 256B.431, subdivision 23, is amended to read:
Subd. 23.
County nursing home payment adjustments.
(a) Beginning in 1994,
the commissioner shall pay a nursing home payment adjustment on May 31 after noon
to a county in which is located a nursing home that, on that date, was county-owned and
operated, with the county named as licensee by the commissioner of health, and had over
40 beds and medical assistance occupancy in excess of 50 percent during the reporting
year ending September 30, 1991. The adjustment shall be an amount equal to $16 per
calendar day multiplied by the number of beds licensed in the facility on that date.
(b) Payments under paragraph (a) are excluded from medical assistance per diem
rate calculations. These payments are required notwithstanding any rule prohibiting
medical assistance payments from exceeding payments from private pay residents. A
facility receiving a payment under paragraph (a) may not increase charges to private pay
residents by an amount equivalent to the per diem amount payments under paragraph (a)
would equal if converted to a per diem.
(c) Beginning in 2002, in addition to any payment under paragraph (a), the
commissioner shall pay to a nursing facility described in paragraph (a) an adjustment in
an amount equal to $29.55 per calendar day multiplied by the number of beds licensed
in the facility on that date. The provisions of paragraphs (a) and (b) apply to payments
under this paragraph.
deleted text begin
(d) Beginning in 2003, in addition to any payment under paragraphs (a) and (c), the
commissioner shall pay to a nursing facility described in paragraph (a) an adjustment in
an amount equal to $6.11 per calendar day multiplied by the number of beds licensed in
the facility on that date. The provisions of paragraphs (a) and (b) apply to payments
under this paragraph.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end The commissioner may reduce payments under deleted text begin paragraphsdeleted text end new text begin paragraphnew text end (c) deleted text begin and
(d)deleted text end based on the commissioner's determination of Medicare upper payment limits. Any
adjustments must be proportional to adjustments made under section 256B.19, subdivision
1d, paragraph deleted text begin (e)deleted text end new text begin (d)new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
Minnesota Statutes 2007 Supplement, section 256B.5012, subdivision 7,
is amended to read:
Subd. 7.
ICF/MR rate increases effective October 1, 2007, and October 1, 2008.
(a) For the rate year beginning October 1, 2007, the commissioner shall make available
to each facility reimbursed under this section operating payment rate adjustments equal
to 2.0 percent of the operating payment rates in effect on September 30, 2007. For the
rate year beginning deleted text begin Julydeleted text end new text begin October new text end 1, 2008, the commissioner shall make available to each
facility reimbursed under this section operating payment rate adjustments equal to 2.0
percent of the operating payment rates in effect on deleted text begin Junedeleted text end new text begin September new text end 30, 2008. For each
facility, the commissioner shall make available an adjustment, based on occupied beds,
using the percentage specified in this paragraph multiplied by the total payment rate,
including the variable rate but excluding the property-related payment rate, in effect
on the preceding day. The total payment rate shall include the adjustment provided in
section 256B.501, subdivision 12. A facility whose payment rates are governed by closure
agreements, receivership agreements, or Minnesota Rules, part 9553.0075, is not eligible
for an adjustment otherwise granted under this subdivision.
(b) Seventy-five percent of the money resulting from the rate adjustments under
paragraph (a) must be used for increases in compensation-related costs for employees
directly employed by the facility on or after the effective date of the rate adjustments,
except:
(1) the administrator;
(2) persons employed in the central office of a corporation that has an ownership
interest in the facility or exercises control over the facility; and
(3) persons paid by the facility under a management contract.
(c) Two-thirds of the money available under paragraph (b) must be used for wage
increases for all employees directly employed by the facility on or after the effective
date of the rate adjustments, except those listed in paragraph (b), clauses (1) to (3). The
wage adjustment that employees receive under this paragraph must be paid as an equal
hourly percentage wage increase for all eligible employees. All wage increases under this
paragraph must be effective on the same date. Only costs associated with the portion of
the equal hourly percentage wage increase that goes to all employees shall qualify under
this paragraph. Costs associated with wage increases in excess of the amount of the equal
hourly percentage wage increase provided to all employees shall be allowed only for
meeting the requirements in paragraph (b). This paragraph shall not apply to employees
covered by a collective bargaining agreement.
(d) The commissioner shall allow as compensation-related costs all costs for:
(1) wages and salaries;
(2) FICA taxes, Medicare taxes, state and federal unemployment taxes, and workers'
compensation;
(3) the employer's share of health and dental insurance, life insurance, disability
insurance, long-term care insurance, uniform allowance, and pensions; and
(4) other benefits provided, subject to the approval of the commissioner.
(e) The portion of the rate adjustments under paragraph (a) that is not subject to the
requirements in paragraphs (b) and (c) shall be provided to facilities effective October
1 of each year.
(f) Facilities may apply for the portion of the rate adjustments under paragraph
(a) that is subject to the requirements in paragraphs (b) and (c). The application
must be submitted to the commissioner within six months of the effective date of the
rate adjustments, and the facility must provide additional information required by
the commissioner within nine months of the effective date of the rate adjustments.
The commissioner must respond to all applications within three weeks of receipt.
The commissioner may waive the deadlines in this paragraph under extraordinary
circumstances, to be determined at the sole discretion of the commissioner. The
application must contain:
(1) an estimate of the amounts of money that must be used as specified in paragraphs
(b) and (c);
(2) a detailed distribution plan specifying the allowable compensation-related and
wage increases the facility will implement to use the funds available in clause (1);
(3) a description of how the facility will notify eligible employees of the contents of
the approved application, which must provide for giving each eligible employee a copy of
the approved application, excluding the information required in clause (1), or posting a
copy of the approved application, excluding the information required in clause (1), for
a period of at least six weeks in an area of the facility to which all eligible employees
have access; and
(4) instructions for employees who believe they have not received the
compensation-related or wage increases specified in clause (2), as approved by the
commissioner, and which must include a mailing address, e-mail address, and the
telephone number that may be used by the employee to contact the commissioner or the
commissioner's representative.
(g) The commissioner shall ensure that cost increases in distribution plans under
paragraph (f), clause (2), that may be included in approved applications, comply with
requirements in clauses (1) to (4):
(1) costs to be incurred during the applicable rate year resulting from wage and
salary increases effective after October 1, 2006, and prior to the first day of the facility's
payroll period that includes October 1 of each year shall be allowed if they were not used
in the prior year's application and they meet the requirements of paragraphs (b) and (c);
(2) a portion of the costs resulting from tenure-related wage or salary increases
may be considered to be allowable wage increases, according to formulas that the
commissioner shall provide, where employee retention is above the average statewide
rate of retention of direct care employees;
(3) the annualized amount of increases in costs for the employer's share of health
and dental insurance, life insurance, disability insurance, and workers' compensation shall
be allowable compensation-related increases if they are effective on or after April 1 of
the year in which the rate adjustments are effective and prior to April 1 of the following
year; and
(4) for facilities in which employees are represented by an exclusive bargaining
representative, the commissioner shall approve the application only upon receipt of a letter
of acceptance of the distribution plan, as regards members of the bargaining unit, signed
by the exclusive bargaining agent and dated after May 25, 2007. Upon receipt of the letter
of acceptance, the commissioner shall deem all requirements of this section as having
been met in regard to the members of the bargaining unit.
(h) The commissioner shall review applications received under paragraph (f) and
shall provide the portion of the rate adjustments under paragraphs (b) and (c) if the
requirements of this subdivision have been met. The rate adjustments shall be effective
October 1 of each year. Notwithstanding paragraph (a), if the approved application
distributes less money than is available, the amount of the rate adjustment shall be reduced
so that the amount of money made available is equal to the amount to be distributed.
Sec. 11.
Minnesota Statutes 2006, section 256B.69, subdivision 6, is amended to read:
Subd. 6.
Service delivery.
(a) Each demonstration provider shall be responsible for
the health care coordination for eligible individuals. Demonstration providers:
(1) shall authorize and arrange for the provision of all needed health services
including but not limited to the full range of services listed in sections 256B.02,
subdivision 8, and 256B.0625 in order to ensure appropriate health care is delivered to
enrolleesnew text begin . Notwithstanding section 256B.0621, demonstration providers that provide
nursing home and community-based services under this section shall provide relocation
service coordination to enrolled persons age 65 and overnew text end ;
(2) shall accept the prospective, per capita payment from the commissioner in return
for the provision of comprehensive and coordinated health care services for eligible
individuals enrolled in the program;
(3) may contract with other health care and social service practitioners to provide
services to enrollees; and
(4) shall institute recipient grievance procedures according to the method established
by the project, utilizing applicable requirements of chapter 62D. Disputes not resolved
through this process shall be appealable to the commissioner as provided in subdivision 11.
(b) Demonstration providers must comply with the standards for claims settlement
under section 72A.201, subdivisions 4, 5, 7, and 8, when contracting with other health
care and social service practitioners to provide services to enrollees. A demonstration
provider must pay a clean claim, as defined in Code of Federal Regulations, title 42,
section 447.45(b), within 30 business days of the date of acceptance of the claim.
Sec. 12.
Minnesota Statutes 2006, section 256D.44, subdivision 2, is amended to read:
Subd. 2.
Standard of assistance for persons eligible for medical assistance
waivers or at risk of placement in a group residential housing facility.
The state
standard of assistance for a person whonew text begin : (1)new text end is eligible for a medical assistance home and
community-based services waiver deleted text begin or a person whodeleted text end new text begin ; (2)new text end has been determined by the local
agency to meet the plan requirements for placement in a group residential housing facility
under section 256I.04, subdivision 1adeleted text begin ,deleted text end new text begin ; or (3) is eligible for a shelter needy payment
under subdivision 5, paragraph (f),new text end is the standard established in subdivision 3, paragraph
(a) or (b).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2009.
new text end
Sec. 13.
Minnesota Statutes 2006, section 256D.44, subdivision 5, is amended to read:
Subd. 5.
Special needs.
In addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
center, or a group residential housing facility.
(a) The county agency shall pay a monthly allowance for medically prescribed
diets if the cost of those additional dietary needs cannot be met through some other
maintenance benefit. The need for special diets or dietary items must be prescribed by
a licensed physician. Costs for special diets shall be determined as percentages of the
allotment for a one-person household under the thrifty food plan as defined by the United
States Department of Agriculture. The types of diets and the percentages of the thrifty
food plan that are covered are as follows:
(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
of thrifty food plan;
(3) controlled protein diet, less than 40 grams and requires special products, 125
percent of thrifty food plan;
(4) low cholesterol diet, 25 percent of thrifty food plan;
(5) high residue diet, 20 percent of thrifty food plan;
(6) pregnancy and lactation diet, 35 percent of thrifty food plan;
(7) gluten-free diet, 25 percent of thrifty food plan;
(8) lactose-free diet, 25 percent of thrifty food plan;
(9) antidumping diet, 15 percent of thrifty food plan;
(10) hypoglycemic diet, 15 percent of thrifty food plan; or
(11) ketogenic diet, 25 percent of thrifty food plan.
(b) Payment for nonrecurring special needs must be allowed for necessary home
repairs or necessary repairs or replacement of household furniture and appliances using
the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
as long as other funding sources are not available.
(c) A fee for guardian or conservator service is allowed at a reasonable rate
negotiated by the county or approved by the court. This rate shall not exceed five percent
of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
guardian or conservator is a member of the county agency staff, no fee is allowed.
(d) The county agency shall continue to pay a monthly allowance of $68 for
restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
1990, and who eats two or more meals in a restaurant daily. The allowance must continue
until the person has not received Minnesota supplemental aid for one full calendar month
or until the person's living arrangement changes and the person no longer meets the criteria
for the restaurant meal allowance, whichever occurs first.
(e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
is allowed for representative payee services provided by an agency that meets the
requirements under SSI regulations to charge a fee for representative payee services. This
special need is available to all recipients of Minnesota supplemental aid regardless of
their living arrangement.
(f) new text begin (1) new text end Notwithstanding the language in this subdivision, an amount equal to the
maximum allotment authorized by the federal Food Stamp Program for a single individual
which is in effect on the first day of deleted text begin Januarydeleted text end new text begin Julynew text end of deleted text begin the previousdeleted text end new text begin eachnew text end year will be added
to the standards of assistance established in subdivisions 1 to 4 for deleted text begin individualsdeleted text end new text begin adultsnew text end
under the age of 65 who new text begin qualify as shelter needy and new text end arenew text begin : (i)new text end relocating from an institution,
or an adult mental health residential treatment program under section 256B.0622deleted text begin , and
who are shelter needydeleted text end new text begin ; (ii) self-directed supports option eligible as defined under section
256B.0657, subdivision 2; or (iii) home and community-based waiver recipients living in
their own home or rented or leased apartment which is not owned, operated, or controlled
by a provider of service not related by blood or marriagenew text end .
new text begin (2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
shelter needy benefit under this paragraph is considered a household of one.new text end An eligible
individual who receives this benefit prior to age 65 may continue to receive the benefit
after the age of 65.
new text begin (3) new text end "Shelter needy" means that the assistance unit incurs monthly shelter costs that
exceed 40 percent of the assistance unit's gross income before the application of this
special needs standard. "Gross income" for the purposes of this section is the applicant's or
recipient's income as defined in section 256D.35, subdivision 10, or the standard specified
in subdivision 3, new text begin paragraph (a) or (b), new text end whichever is greater. A recipient of a federal or
state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be
considered shelter needy for purposes of this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2009.
new text end
Sec. 14.
Laws 2006, chapter 282, article 20, section 37, as amended by Laws 2007,
chapter 147, article 7, section 69, is amended to read:
Sec. 37. REPAYMENT DELAY.
deleted text begin (a)deleted text end A county that overspent its allowed amounts in calendar year 2004 or 2005 under
the waivered services program for persons with developmental disabilities shall deleted text begin not be
required todeleted text end pay back the amount of overspendingnew text begin by June 30, 2009new text end . deleted text begin This section applies to
Fillmore, Steele, and St. Louis Counties.deleted text end
deleted text begin
(b) Carver County is not required to pay back the amount of overspending under
the waivered services program for persons with developmental disabilities for calendar
years 2004 and 2005 until June 30, 2009.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15.
Laws 2007, chapter 147, article 7, section 71, is amended to read:
Sec. 71. PROVIDER RATE INCREASES.
(a) The commissioner of human services shall increase allocations, reimbursement
rates, or rate limits, as applicable, by 2.0 percent beginning October 1, 2007, and by 2.0
percent beginning deleted text begin Julydeleted text end new text begin October new text end 1, 2008, effective for services rendered on or after those
dates. County contracts for services specified in this section must be amended to pass
through these rate adjustments within 60 days of the effective date of the increase and
must be retroactive from the effective date of the rate adjustment.
(b) The annual rate increases described in this section must be provided to:
(1) home and community-based waivered services for persons with developmental
disabilities or related conditions, including consumer-directed community supports, under
Minnesota Statutes, section 256B.501;
(2) home and community-based waivered services for the elderly, including
consumer-directed community supports, under Minnesota Statutes, section 256B.0915;
(3) waivered services under community alternatives for disabled individuals,
including consumer-directed community supports, under Minnesota Statutes, section
256B.49;
(4) community alternative care waivered services, including consumer-directed
community supports, under Minnesota Statutes, section 256B.49;
(5) traumatic brain injury waivered services, including consumer-directed
community supports, under Minnesota Statutes, section 256B.49;
(6) nursing services and home health services under Minnesota Statutes, section
256B.0625, subdivision 6a;
(7) personal care services and qualified professional supervision of personal care
services under Minnesota Statutes, section 256B.0625, subdivision 19a;
(8) private duty nursing services under Minnesota Statutes, section 256B.0625,
subdivision 7;
(9) day training and habilitation services for adults with developmental disabilities
or related conditions under Minnesota Statutes, sections 252.40 to 252.46, including the
additional cost of rate adjustments on day training and habilitation services, provided as a
social service under Minnesota Statutes, section 256M.60;
(10) alternative care services under Minnesota Statutes, section 256B.0913;
(11) adult residential program grants under Minnesota Statutes, section 245.73;
(12) children's community-based mental health services grants and adult community
support and case management services grants under Minnesota Rules, parts 9535.1700
to 9535.1760;
(13) the group residential housing supplementary service rate under Minnesota
Statutes, section 256I.05, subdivision 1a;
(14) adult mental health integrated fund grants under Minnesota Statutes, section
245.4661;
(15) semi-independent living services (SILS) under Minnesota Statutes, section
252.275, including SILS funding under county social services grants formerly funded
under Minnesota Statutes, chapter 256I;
(16) community support services for deaf and hard-of-hearing adults with mental
illness who use or wish to use sign language as their primary means of communication
under Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing
grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9,
article 1; and Laws 1997, First Special Session chapter 5, section 20;
(17) living skills training programs for persons with intractable epilepsy who need
assistance in the transition to independent living under Laws 1988, chapter 689;
(18) physical therapy services under sections 256B.0625, subdivision 8, and
256D.03, subdivision 4;
(19) occupational therapy services under sections 256B.0625, subdivision 8a, and
256D.03, subdivision 4;
(20) speech-language therapy services under section 256D.03, subdivision 4, and
Minnesota Rules, part 9505.0390;
(21) respiratory therapy services under section 256D.03, subdivision 4, and
Minnesota Rules, part 9505.0295;
(22) adult rehabilitative mental health services under section 256B.0623;
(23) children's therapeutic services and support services under section 256B.0943;
(24) tier I chemical health services under Minnesota Statutes, chapter 254B;
(25) consumer support grants under Minnesota Statutes, section 256.476;
(26) family support grants under Minnesota Statutes, section 252.32;
(27) grants for case management services to persons with HIV or AIDS under
Minnesota Statutes, section 256.01, subdivision 19; and
(28) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917,
and 256B.0928.
(c) For services funded through Minnesota disability health options, the rate
increases under this section apply to all medical assistance payments, including former
group residential housing supplementary rates under Minnesota Statutes, chapter 256I.
(d) The commissioner may recoup payments made under this section from a provider
that does not comply with paragraphs (f) and (g).
(e) A managed care plan receiving state payments for the services in this section
must include these increases in their payments to providers on a prospective basis,
effective on January 1 following the effective date of the rate increase.
(f) Providers that receive a rate increase under this section shall use 75 percent of
the additional revenue to increase compensation-related costs for employees directly
employed by the program on or after the effective date of the rate adjustments, except:
(1) the administrator;
(2) persons employed in the central office of a corporation or entity that has an
ownership interest in the provider or exercises control over the provider; and
(3) persons paid by the provider under a management contract.
Compensation-related costs include: wages and salaries; FICA taxes, Medicare taxes,
state and federal unemployment taxes, and workers' compensation; and the employer's
share of health and dental insurance, life insurance, disability insurance, long-term care
insurance, uniform allowance, and pensions.
(g) Two-thirds of the money available under paragraph (f) must be used for wage
increases for all employees directly employed by the provider on or after the effective
date of the rate adjustments, except those listed in paragraph (f), clauses (1) to (3). The
wage adjustment that employees receive under this paragraph must be paid as an equal
hourly percentage wage increase for all eligible employees. All wage increases under this
paragraph must be effective on the same date. This paragraph shall not apply to employees
covered by a collective bargaining agreement.
(h) For public employees, the increase for wages and benefits for certain staff is
available and pay rates must be increased only to the extent that they comply with laws
governing public employees collective bargaining. Money received by a provider for pay
increases under this section may be used only for increases implemented on or after the
first day of the rate period in which the increase is available and must not be used for
increases implemented prior to that date.
(i) The commissioner shall amend state grant contracts that include direct
personnel-related grant expenditures to include the allocation for the portion of the contract
that is employee compensation related. Grant contracts for compensation-related services
must be amended to pass through these adjustments within 60 days of the effective date of
the increase and must be retroactive to the effective date of the rate adjustment.
(j) The Board on Aging and its Area Agencies on Aging shall amend their
grants that include direct personnel-related grant expenditures to include the rate
adjustment for the portion of the grant that is employee compensation related. Grants
for compensation-related services must be amended to pass through these adjustments
within 60 days of the effective date of the increase and must be retroactive to the effective
date of the rate adjustment.
(k) The calendar year 2008 rate for vendors reimbursed under Minnesota Statutes,
chapter 254B, shall be at least 2.0 percent above the rate in effect on January 1, 2007. The
calendar year 2009 rate shall be at least 2.0 percent above the rate in effect on January
1, 2008.
(l) Providers that receive a rate adjustment under paragraph (a) that is subject to
paragraphs (f) and (g) shall provide to the commissioner, and those counties with whom
they have a contract, within six months after the effective date of each rate adjustment, a
letter, in a format specified by the commissioner, that provides assurances that the provider
has developed and implemented a compensation plan and complied with paragraphs (f)
and (g). The provider shall keep on file, and produce for the commissioner or county
upon request, its plan, which must specify:
(1) an estimate of the amounts of money that must be used as specified in paragraphs
(f) and (g); and
(2) a detailed distribution plan specifying the allowable compensation-related and
wage increases the provider will implement to use the funds available in clause (1).
(m) Within six months after the effective date of each rate adjustment, the provider
shall post this plan, excluding the information required in paragraph (l), clause (1), for
a period of at least six weeks in an area of the provider's operation to which all eligible
employees have access and provide instructions for employees who believe they have
not received the wage and other compensation-related increases specified in paragraph
(l), clause (2). Instructions must include a mailing address, e-mail address, and the
telephone number that may be used by the employee to contact the commissioner or the
commissioner's representative. Providers shall also make assurances to the commissioner
and counties with whom they have a contract that they have complied with the requirement
in this paragraph.
ARTICLE 24
HEALTH AND HUMAN SERVICES FORECAST ADJUSTMENTS
Section 1. new text begin SUMMARY OF APPROPRIATIONS; DEPARTMENT OF HUMAN
|
new text begin
The dollar amounts shown are added to or, if shown in parentheses, are subtracted
from the appropriations in Laws 2007, chapter 147, from the general fund, or any other
fund named, to the Department of Human Services for the purposes specified in this
article, to be available for the fiscal year indicated for each purpose. The figure "2008"
used in this article means that the appropriation or appropriations listed are available for
the fiscal year ending June 30, 2008. The figure "2009" used in this article means that
the appropriation or appropriations listed are available for the fiscal year ending June 30,
2009. Supplemental appropriations and reductions to appropriations for the fiscal year
ending June 30, 2008, are effective the day following final enactment.
new text end
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
6,739,000 new text end |
new text begin
$ new text end |
new text begin
52,350,000 new text end |
||
|
new text begin
Health Care Access new text end |
new text begin
(84,156,000) new text end |
new text begin
(96,019,000) new text end |
||||
|
new text begin
Federal TANF new text end |
new text begin
(28,427,000) new text end |
new text begin
(7,441,000) new text end |
||||
|
new text begin
Total new text end |
new text begin
$ new text end |
new text begin
(105,844,000) new text end |
new text begin
$ new text end |
new text begin
(51,110,000) new text end |
Sec. 2. new text begin COMMISSIONER OF HUMAN
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
(105,844,000) new text end |
new text begin
$ new text end |
new text begin
(51,110,000) new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|
|
new text begin
General new text end |
new text begin
6,739,000 new text end |
new text begin
52,350,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
(84,156,000) new text end |
new text begin
(96,019,000) new text end |
|
new text begin
Federal TANF new text end |
new text begin
(28,427,000) new text end |
new text begin
(7,441,000) new text end |
new text begin Subd. 2. new text end
new text begin
Revenue and Pass-Through
|
||||||
|
new text begin
Federal TANF new text end |
new text begin
1,187,000 new text end |
new text begin
1,507,000 new text end |
new text begin Subd. 3. new text end
new text begin
Children and Economic Assistance
|
||||||
|
new text begin
General new text end |
new text begin
(4,960,000) new text end |
new text begin
5,925,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
(29,614,000) new text end |
new text begin
(8,948,000) new text end |
new text begin
The amounts that may be spent from this
appropriation for each purpose are as follows:
new text end
|
new text begin
(a) MFIP/DWP Grants new text end |
||||||
|
new text begin
General new text end |
new text begin
25,139,000 new text end |
new text begin
11,665,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
(29,614,000) new text end |
new text begin
(8,948,000) new text end |
|
new text begin
(b) MFIP Child Care Assistance Grants new text end |
new text begin
(26,141,000) new text end |
new text begin
(10,710,000) new text end |
||||
|
new text begin
(c) General Assistance Grants new text end |
new text begin
2,529,000 new text end |
new text begin
6,033,000 new text end |
||||
|
new text begin
(d) Minnesota Supplemental Aid Grants new text end |
new text begin
299,000 new text end |
new text begin
500,000 new text end |
||||
|
new text begin
(e) Group Residential Housing Grants new text end |
new text begin
(6,786,000) new text end |
new text begin
(1,563,000) new text end |
||||
new text begin Subd. 4. new text end
new text begin
Basic Health Care Grants
|
||||||
|
new text begin
General new text end |
new text begin
30,075,000 new text end |
new text begin
48,389,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
(84,156,000) new text end |
new text begin
(96,019,000) new text end |
new text begin
The amounts that may be spent from this
appropriation for each purpose are as follows:
new text end
|
new text begin
(a) MinnesotaCare new text end |
||||||
|
new text begin
Health Care Access new text end |
new text begin
(84,156,000) new text end |
new text begin
(96,019,000) new text end |
|
new text begin
(b) MA Basic Health Care - Families and Children new text end |
new text begin
13,525,000 new text end |
new text begin
7,005,000 new text end |
||||
|
new text begin
(c) MA Basic Health Care - Elderly and Disabled new text end |
new text begin
(2,292,000) new text end |
new text begin
5,479,000 new text end |
||||
|
new text begin
(d) General Assistance Medical Care new text end |
new text begin
18,842,000 new text end |
new text begin
35,905,000 new text end |
||||
new text begin Subd. 5. new text end
new text begin
Continuing Care Grants
|
new text begin
(18,376,000) new text end |
new text begin
(1,964,000) new text end |
||||
new text begin
The amounts that may be spent from this
appropriation for each purpose are as follows:
new text end
|
new text begin
(a) MA Long-Term Care Facilities new text end |
new text begin
(10,986,000) new text end |
new text begin
(2,148,000) new text end |
||||
|
new text begin
(b) MA Long-Term Care Waivers new text end |
new text begin
(18,484,000) new text end |
new text begin
(13,598,000) new text end |
||||
|
new text begin
(c) Chemical Dependency Entitlement Grants new text end |
new text begin
11,094,000 new text end |
new text begin
13,782,000 new text end |
||||
ARTICLE 25
HEALTH AND HUMAN SERVICES APPROPRIATIONS
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize direct appropriations by fund made
in this article.
new text end
|
new text begin
2008 new text end |
new text begin
2009 new text end |
new text begin
Total new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
(33,304,000) new text end |
new text begin
$ new text end |
new text begin
(155,632,000) new text end |
new text begin
$ new text end |
new text begin
(188,936,000) new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
114,000 new text end |
new text begin
635,000 new text end |
new text begin
749,000 new text end |
|||
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
(3,641,000) new text end |
new text begin
(3,641,000) new text end |
|||
|
new text begin
Federal TANF new text end |
new text begin
16,434,000 new text end |
new text begin
34,216,000 new text end |
new text begin
50,650,000 new text end |
|||
|
new text begin
Total new text end |
new text begin
$ new text end |
new text begin
(16,756,000) new text end |
new text begin
$ new text end |
new text begin
(124,422,000) new text end |
new text begin
$ new text end |
new text begin
(141,178,000) new text end |
Sec. 2. new text begin APPROPRIATIONS.
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new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2007, chapter 147, or other
law to the agencies and for the purposes specified in this article. The appropriations
are from the general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2008" and "2009" used in this article mean
that the addition or subtraction from appropriations listed under them are available for
the fiscal year ending June 30, 2008, or June 30, 2009, respectively. "The first year" is
fiscal year 2008. "The second year" is fiscal year 2009. "The biennium" is fiscal years
2008 and 2009. Supplemental appropriations and reductions for the fiscal year ending
June 30, 2008, are effective the day following final enactment.
new text end
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new text begin
APPROPRIATIONS new text end |
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new text begin
Available for the Year new text end |
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new text begin
Ending June 30 new text end |
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new text begin
2008 new text end |
new text begin
2009 new text end |
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Sec. 3. new text begin HUMAN SERVICES
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new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
(16,870,000) new text end |
new text begin
$ new text end |
new text begin
(121,748,000) new text end |
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new text begin
Appropriations by Fund new text end |
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|
new text begin
2008 new text end |
new text begin
2009 new text end |
|
|
new text begin
General new text end |
new text begin
(33,304,000) new text end |
new text begin
(152,323,000) new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
(3,641,000) new text end |
|
new text begin
Federal TANF new text end |
new text begin
16,434,000 new text end |
new text begin
34,216,000 new text end |
new text begin
The appropriation additions or reductions
for each purpose are shown in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Agency Management
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new text begin
Financial Operations new text end |
new text begin
-0- new text end |
new text begin
(5,867,000) new text end |
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new text begin
Base Adjustment.
new text end
new text begin
The general fund base
is increased $23,000 in fiscal year 2010 and
$26,000 in fiscal year 2011.
new text end
new text begin Subd. 3. new text end
new text begin
Revenue and Pass-Through Revenue
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||||||
|
new text begin
Federal TANF new text end |
new text begin
-0- new text end |
new text begin
975,000 new text end |
||||
new text begin
new text begin TANF Maintenance of Effort.new text end (a) In order
to meet the basic MOE requirements of the
TANF block grant specified under Code
of Federal Regulations, title 45, section
263.1, the commissioner may only report
nonfederal money expended for allowable
activities listed in the following clauses as
TANF/MOE expenditures:
new text end
new text begin
(1) MFIP cash, diversionary work program,
and food assistance benefits under Minnesota
Statutes, chapter 256J;
new text end
new text begin
(2) the child care assistance programs
under Minnesota Statutes, sections 119B.03
and 119B.05, and county child care
administrative costs under Minnesota
Statutes, section 119B.15;
new text end
new text begin
(3) state and county MFIP administrative
costs under Minnesota Statutes, chapters
256J and 256K;
new text end
new text begin
(4) state, county, and tribal MFIP
employment services under Minnesota
Statutes, chapters 256J and 256K;
new text end
new text begin
(5) expenditures made on behalf of
noncitizen MFIP recipients who qualify
for the medical assistance without federal
financial participation program under
Minnesota Statutes, section 256B.06,
subdivision 4, paragraphs (d), (e), and (j);
and
new text end
new text begin
(6) qualifying working family credit
expenditures under Minnesota Statutes,
section 290.0671.
new text end
new text begin
(b) The commissioner shall ensure that
sufficient qualified nonfederal expenditures
are made each year to meet the state's
TANF/MOE requirements. For the activities
listed in paragraph (a), clauses (2) to
(6), the commissioner may only report
expenditures that are excluded from the
definition of assistance under Code of
Federal Regulations, title 45, section 260.31.
new text end
new text begin
(c) The commissioner shall ensure that the
MOE used by the commissioner of finance
for the February and November forecasts
required under Minnesota Statutes, section
16A.103, contains expenditures under
paragraph (a), clause (1), equal to at least 16
percent of the total required under Code of
Federal Regulations, title 45, section 263.1.
new text end
new text begin
(d) Minnesota Statutes, section 256.011,
subdivision 3, which requires that federal
grants or aids secured or obtained under that
subdivision be used to reduce any direct
appropriations provided by law, does not
apply if the grants or aids are federal TANF
funds.
new text end
new text begin
(e) Beginning October 1, 2007, the
commissioner may not claim an amount
of TANF/MOE in excess of the 75 percent
standard in Code of Federal Regulations, title
45, section 263.1(a)(2), except:
new text end
new text begin
(1) to the extent necessary to meet the
80 percent standard in Code of Federal
Regulations, title 45, section 263.1(a)(1), if
it is determined by the commissioner that
the state would not meet the TANF work
participation rate for the current year;
new text end
new text begin
(2) any additional amounts under Code of
Federal Regulations, title 45, section 264.5,
that relate to replacement of TANF funds due
to the operation of TANF penalties; and
new text end
new text begin
(3) any additional amounts that may
contribute to avoiding or reducing TANF
work participation penalties through the
operation of the excess MOE provisions of
Code of Federal Regulations, title 45, section
261.43(a)(2).
new text end
new text begin
For the purposes of clauses (1) to (3),
the commissioner may supplement the
MOE claim with working family credit
expenditures or other qualified expenditures
to the extent the expenditures are otherwise
available after considering the expenditures
allowed in this section.
new text end
new text begin
(f) If allowable by the federal Office of
Family Assistance, the commissioner may
claim excess MOE with respect to federal
fiscal years 2006 and 2007 to the extent
that working family credit expenditures or
other qualified expenditures are otherwise
available to supplement the state's MOE
claim for those years after considering the
expenditures allowed in this section.
new text end
new text begin
(g) Notwithstanding any contrary provision
in this article, this rider expires June 30,
2011.
new text end
new text begin
Working Family Credit Expenditures as
TANF/MOE. The commissioner may claim
as TANF/MOE up to $6,707,000 per year
for fiscal year 2008 through fiscal year 2011.
Notwithstanding any contrary provision in
this article, this rider expires June 30, 2011.
new text end
new text begin
Additional Working Family Credit
Expenditures to be Claimed for
TANF/MOE. In addition to the amounts
provided in this section, the commissioner
may count the following amounts of working
family credit expenditure as TANF/MOE:
new text end
new text begin
(1) fiscal year 2008, $27,531,000;
new text end
new text begin
(2) fiscal year 2009, $51,214,000;
new text end
new text begin
(3) fiscal year 2010, $31,174,000; and
new text end
new text begin
(4) fiscal year 2011, $30,737,000.
new text end
new text begin
Notwithstanding any contrary provision in
this article, this rider expires June 30, 2011.
new text end
new text begin Subd. 4. new text end
new text begin
Children and Economic Assistance
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new text begin
(a) MFIP/DWP Grants new text end |
||||||
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new text begin
General new text end |
new text begin
(16,434,000) new text end |
new text begin
(25,268,000) new text end |
|
new text begin
Federal TANF new text end |
new text begin
16,434,000 new text end |
new text begin
24,450,000 new text end |
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new text begin
(b) Support Services Grants; TANF new text end |
new text begin
-0- new text end |
new text begin
7,291,000 new text end |
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new text begin
Supported Work. (1) Of the TANF
appropriation, $7,291,000 in fiscal year 2009
is for supported work for MFIP participants,
to be allocated to counties and tribes based
on the criteria under clauses (1) and (2) and is
available until expended. This appropriation
shall become part of base level funding to the
commissioner for the biennium beginning
July 1, 2009. Paid transitional work
experience and other supported employment
under this clause shall provide a continuum of
employment assistance, including outreach
and recruitment, program orientation
and intake, testing and assessment, job
development and marketing, preworksite
training, supported worksite experience, job
coaching, and postplacement follow-up, in
addition to extensive case management and
referral services.
new text end
new text begin
(2) A county or tribe is eligible to receive an
allocation under clause (1) if:
new text end
new text begin
(i) the county or tribe is not meeting the
federal work participation rate;
new text end
new text begin
(ii) the county or tribe has participants who
are required to perform work activities under
Minnesota Statutes, chapter 256J, but are not
meeting hourly work requirements; and
new text end
new text begin
(iii) the county or tribe has assessed
participants who have completed six weeks
of job search or are required to perform
work activities and are not meeting the
hourly requirements, and the county or tribe
has determined that the participant would
benefit from working in a supported work
environment.
new text end
new text begin
(3) A county or tribe may also be eligible for
funds in order to contract for supplemental
hours of paid work at the participant's child's
place of education, child care location, or the
child's physical or mental health treatment
facility or office. Grants to counties and
tribes under this clause are specifically for
MFIP participants who need to work up
to five hours more per week in order to
meet the hourly work requirement, and the
participant's employer cannot or will not
offer more hours to the participant.
new text end
|
new text begin
(c) Basic Sliding Fee Child Care Assistance Grants new text end |
new text begin
-0- new text end |
new text begin
(9,227,000) new text end |
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new text begin
Child Care and Development Fund
Unexpended Balance. In addition to
the amount provided in this section, the
commissioner shall expend $9,227,000
in fiscal year 2009 from the federal child
care and development fund unexpended
balance for basic sliding fee child care under
Minnesota Statutes, section 119B.03. The
commissioner shall ensure that all child
care and development funds are expended
according to the federal child care and
development fund regulations.
new text end
new text begin
Basic Adjustment. The general fund base is
increased by $9,010,000 in fiscal year 2010.
new text end
|
new text begin
(d) Child Care Development Grants new text end |
new text begin
(2,109,000) new text end |
new text begin
(109,000) new text end |
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new text begin
Grants Reduction. Base level funding
for all nonforecast, general fund child
care development grants issued by the
commissioner shall be reduced by 1.7
percent, effective July 1, 2008. The
commissioner shall reduce all grants awards
affected by this paragraph by an equal
percentage.
new text end
new text begin
Basic Adjustment. The general fund base is
increased $2,083,000 in fiscal year 2010 and
$2,086,000 in fiscal year 2011.
new text end
|
new text begin
(e) Children's Services Grants new text end |
new text begin
(311,000) new text end |
new text begin
(1,938,000) new text end |
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new text begin
Base Adjustment. The general fund base is
increased $1,800,000 in fiscal year 2010 and
$1,800,000 in fiscal year 2011.
new text end
new text begin
Funding Usage. Up to 75 percent of the
fiscal year 2010 appropriation for children's
mental health screening grants may be used to
fund calendar year 2009 allocations for these
programs, with the resulting calendar year
funding pattern continuing into the future.
Notwithstanding any contrary provision of
this article, this paragraph shall not expire.
new text end
new text begin
Grants Reduction. Base level funding
for all nonforecast, general fund children's
services grants issued by the commissioner,
excluding children's mental health grants,
adoption assistance grants, and relative
custody assistance grants, shall be reduced
by 1.7 percent, effective July 1, 2008. The
commissioner shall reduce all grants awards
affected by this paragraph by an equal
percentage.
new text end
|
new text begin
(f) Children and Community Services Grants new text end |
new text begin
-0- new text end |
new text begin
(1,276,000) new text end |
||||
new text begin
Base Adjustment. The general fund base
is increased $98,000 in fiscal year 2010 and
$237,000 in fiscal year 2011.
new text end
new text begin
Grants Reduction. Base level funding
for all nonforecast, general fund children
and community services grants issued
by the commissioner shall be reduced by
1.7 percent, effective July 1, 2008. The
commissioner shall reduce all grants awards
affected by this paragraph by an equal
percentage.
new text end
|
new text begin
(g) Minnesota Supplemental Aid Grants new text end |
new text begin
-0- new text end |
new text begin
201,000 new text end |
||||
|
new text begin
(h) Group Residential Housing Grants new text end |
new text begin
-0- new text end |
new text begin
(133,000) new text end |
||||
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new text begin
(i) Other Children's and Economic Assistance Grants new text end |
||||||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
(277,000) new text end |
|
new text begin
Federal TANF new text end |
new text begin
-0- new text end |
new text begin
1,500,000 new text end |
new text begin
Grants Reduction. Base level funding for
all nonforecast, general fund other children's
and economic assistance grants issued
by the commissioner shall be reduced by
1.7 percent, effective July 1, 2008. The
commissioner shall reduce all grants awards
affected by this paragraph by an equal
percentage.
new text end
new text begin
Auto Repairs and Purchases. Of the TANF
appropriation, $1,500,000 in fiscal year
2009 must be allocated to community action
agencies for auto repairs and auto purchase
grants to individuals who are eligible to
receive benefits under Minnesota Statutes,
chapter 256J, or who have lost eligibility
for benefits under Minnesota Statutes,
chapter 256J, due to earnings in the prior
12 months. Each community action agency
administering funds under this appropriation
shall provide a ten percent match using either
nonstate funds or in-kind services. This
appropriation shall become part of base level
funding for the biennium beginning July 1,
2009.
new text end
new text begin
Base Adjustment. The general fund base is
increased by $4,000 in fiscal year 2010 and
increased by $44,000 in fiscal year 2011.
new text end
new text begin Subd. 5. new text end
new text begin
Basic Health Care Grants
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new text begin
(a) MinnesotaCare Grants new text end |
||||||
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
(3,641,000) new text end |
||||
|
new text begin
(b) MA Basic Health Care Grants - Families and Children new text end |
new text begin
-0- new text end |
new text begin
(30,070,000) new text end |
||||
new text begin
Hospital Payment Delay. Notwithstanding
Laws 2005, First Special Session chapter 4,
article 9, section 2, subdivision 6, payments
from the Medicaid Management Information
System that would otherwise have been made
for inpatient hospital services for medical
assistance enrollees are delayed as follows:
(1) for fiscal year 2008, June payments must
be included in the first payments in fiscal
year 2009; and (2) for fiscal year 2009,
June payments must be included in the first
payment of fiscal year 2010. The provisions
of Minnesota Statutes, section 16A.124,
do not apply to these delayed payments.
Notwithstanding any contrary provision in
this article, this paragraph expires on June
30, 2010.
new text end
new text begin
Third-Party Liability. (a) During the
fiscal year beginning July 1, 2008, the
commissioner shall initiate additional
activities to comply with United States
Code, title 42, section 1902(a)(25). These
activities may be conducted by agency staff
or through contracts that include provisions
to reimburse contractors on a contingency
basis. This initiative is expected to result in
new general fund revenues of $5,000,000
and new health care access fund revenues of
$1,000,000 for each fiscal year beginning on
or after July 1, 2008.
new text end
new text begin
(b) The commissioner shall report to the
chairs of the house of representatives Ways
and Means Committee and the senate Finance
Committee by March 1, 2009, regarding
the initiative in paragraph (a), including
steps taken to comply with federal law and
additional revenues generated.
new text end
new text begin
(c) Notwithstanding any contrary provision
in this article, this rider shall not expire.
new text end
new text begin
Fee-For-Service Payment Reductions. (a)
Effective for services rendered on or after
July 1, 2008, fee-for-service payment rates
for medical services provided under medical
assistance, general assistance medical care,
and MinnesotaCare must be reduced by three
percent.
new text end
new text begin
(b) The reductions in paragraph (a) do not
apply to nonprofessional services, including
medical supplies and transportation;
mental health services; dental services; and
pharmacy services.
new text end
new text begin
(c) Notwithstanding any contrary provision
in this article, this rider shall not expire.
new text end
new text begin
Administrative Costs. (a) For contracts
effective on or after January 1, 2009, the
commissioner shall limit administrative
costs paid to managed care plans under
Minnesota Statutes, section 256B.69, and
to county-based purchasing plans under
Minnesota Statutes, section 256B.692, to
an overall average of seven percent of
total contract payments under Minnesota
Statutes, sections 256B.69 and 256B.692,
for each calendar year. For purposes of this
paragraph, administrative costs includes
premium taxes paid under Minnesota
Statutes, section 297I.05, subdivision 5, and
provider surcharges paid under Minnesota
Statutes, section 256.9657, subdivision 3.
new text end
new text begin
(b) The commissioner may adjust the
administrative costs allowable under each
managed care contract and county-based
purchasing contract to ensure that
administrative spending remains within the
limits of paragraph (a).
new text end
new text begin
(c) Notwithstanding any contrary provision
of this article, this rider shall not expire.
new text end
|
new text begin
(c) MA Basic Health Care Grants - Elderly and Disabled new text end |
new text begin
(14,028,000) new text end |
new text begin
(34,734,000) new text end |
||||
new text begin
Minnesota Disability Health Options Rate
Setting Methodology.
new text end
new text begin
The commissioner
shall develop and implement a methodology
for risk adjusting payments for community
alternatives for disabled individuals
and traumatic brain injury home and
community-based waiver services delivered
under the Minnesota disability health options
program (MnDHO) effective January 1,
2009. The commissioner shall take into
account the weighting system used to
determine county waiver allocations in
developing the new payment methodology.
Growth in the number of enrollees receiving
community alternatives for disabled
individuals or traumatic brain injury waiver
payments through MnDHO is limited to an
increase of 200 enrollees in each calendar
year from January 2009 through December
2011. If those limits are reached, additional
members may be enrolled in MnDHO
for basic care services only as defined
in Minnesota Statutes, section 256B.69,
subdivision 28, and the commissioner may
establish a waiting list for future access of
MnDHO members to those waiver services.
new text end
|
new text begin
(d) General Assistance Medical Care Grants new text end |
new text begin
-0- new text end |
new text begin
(14,145,000) new text end |
||||
|
new text begin
(e) Other Health Care Grants new text end |
new text begin
-0- new text end |
new text begin
(15,000) new text end |
||||
new text begin
MinnesotaCare Outreach Grants Special
Revenue Account. The balance in the
MinnesotaCare outreach grants special
revenue account at the close of fiscal year
2008, estimated to be $975,000, must be
transferred to the general fund.
new text end
new text begin
Grants Reduction. Base level funding for
all nonforecast, general fund other health
care grants issued by the commissioner must
be reduced by 1.7 percent, effective July 1,
2008. The commissioner shall reduce all
grants awards affected by this paragraph by
an equal percentage.
new text end
new text begin
Base Adjustment. The general fund base is
increased by $1,000 in fiscal year 2010 and
increased by $13,000 in fiscal year 2011.
new text end
new text begin Subd. 6. new text end
new text begin
Continuing Care Grants
|
||||||
|
new text begin
(a)
new text end
new text begin
Aging and Adult Services Grants new text end |
new text begin
-0- new text end |
new text begin
(322,000) new text end |
||||
new text begin
Base Adjustment. The general fund base
is increased $71,000 in fiscal year 2010 and
$99,000 in fiscal year 2011.
new text end
|
new text begin
(b)
new text end
new text begin
Alternative Care Grants new text end |
new text begin
-0- new text end |
new text begin
(198,000) new text end |
||||
new text begin
Base Adjustment.
new text end
new text begin
The general fund base is
increased $198,000 in fiscal year 2010 and
$198,000 in fiscal year 2011.
new text end
|
new text begin
(c)
new text end
new text begin
MA Long-Term Care Facilities Grants new text end |
new text begin
(2,306,000) new text end |
new text begin
(2,709,000) new text end |
||||
new text begin
Long-Term Care Provider Rate
Adjustment Delay. Notwithstanding Laws
2007, chapter 147, article 7, sections 59
and 71, the long-term care provider rate
adjustment for July 1, 2008, is delayed until
October 1, 2008.
new text end
|
new text begin
(d)
new text end
new text begin
MA Long-Term Care Waivers and Home Care Grants new text end |
new text begin
-0- new text end |
new text begin
(11,377,000) new text end |
||||
new text begin
Personal Care Services. Payment rates
for personal care services under Minnesota
Statutes, section 256B.0625, subdivision 19a,
rendered by providers whose administrative
costs exceed 12 percent of the total payment
rate must be reduced by .96 percent, effective
for services delivered on or after July 1,
2008. Provider organizations shall reduce
administrative costs by an amount sufficient
to offset this reduction. Notwithstanding
any contrary provision in this article, this
paragraph shall not expire.
new text end
new text begin
Manage Growth in TBI and CADI Waiver.
During the fiscal years beginning on July
1, 2008, July 1, 2009, and July 1, 2010,
the commissioner shall allocate money
for home and community-based programs
covered under Minnesota Statutes, section
256B.49, to ensure a reduction in state
spending that is equivalent to limiting the
caseload growth of the traumatic brain injury
(TBI) waiver to 200 allocations in each
year of the biennium and the community
alternatives for disabled individuals (CADI)
waiver to 1,500 allocations each year of the
biennium. Priorities for the allocation of
funds must be for individuals anticipated to
be discharged from institutional settings or
who are at imminent risk of a placement in
an institutional setting. Notwithstanding any
contrary section in this article, this provision
expires June 30, 2011.
new text end
|
new text begin
(e)
new text end
new text begin
Mental Health Grants new text end |
new text begin
-0- new text end |
new text begin
(4,823,000) new text end |
||||
new text begin
Base Adjustment. The general fund base is
increased $4,823,000 in fiscal year 2010 and
$4,823,000 in fiscal year 2011.
new text end
new text begin
Funding Usage. Up to 75 percent of the
fiscal year 2010 appropriation for adult
mental health grants may be used to fund
calendar year 2009 allocations for these
programs, with the resulting calendar year
funding pattern continuing into the future.
new text end
|
new text begin
(f)
new text end
new text begin
Deaf and Hard-of-Hearing Grants new text end |
new text begin
-0- new text end |
new text begin
(6,000) new text end |
||||
new text begin
Base Adjustment. The general fund base
is increased $6,000 in fiscal year 2010 and
$6,000 in fiscal year 2011.
new text end
|
new text begin
(g)
new text end
new text begin
Chemical Dependency Entitlement Grants new text end |
new text begin
-0- new text end |
new text begin
(566,000) new text end |
||||
new text begin
Chemical Dependency Treatment Fund
Special Revenue Account.
new text end
new text begin
The lesser of the balance of the consolidated
chemical dependency treatment fund at the
close of fiscal year 2008 or $2,500,000 must
be transferred and deposited into the general
fund.
new text end
|
new text begin
(h)
new text end
new text begin
Chemical Dependency Nonentitlement Grants new text end |
new text begin
-0- new text end |
new text begin
(31,000) new text end |
||||
new text begin
Base Level Adjustment. The general
fund base for chemical dependency
nonentitlement treatment grants must be
increased by $313,000 for fiscal year 2010
and by $315,000 for fiscal year 2011.
new text end
new text begin
Grants Reduction. Base level funding
for all nonforecast, general fund chemical
dependency nonentitlement grants issued
by the commissioner must be reduced by
1.7 percent, effective July 1, 2008. The
commissioner shall reduce all grants awards
affected by this paragraph by an equal
percentage.
new text end
|
new text begin
(i)
new text end
new text begin
Other Continuing Care Grants new text end |
new text begin
-0- new text end |
new text begin
(4,805,000) new text end |
||||
new text begin
Base Level Adjustment. The general fund
base is increased $7,408,000 in fiscal year
2010 and $5,048,000 in fiscal year 2011.
new text end
new text begin
Housing Access Grants. Of the general
fund appropriation, $250,000 is appropriated
in fiscal year 2009 for housing access
grants under Minnesota Statutes, section
256B.0658.
new text end
new text begin
Funding Usage. Up to 75 percent of
the fiscal year 2010 appropriation for
developmental disability semi-independent
living services grants and developmental
disability family support grants may be used
to fund calendar year 2009 allocations for
these programs, with the resulting calendar
year funding pattern continuing into the
future.
new text end
new text begin
Grants Reduction. Base level funding for
all nonforecast, general fund other continuing
care grants issued by the commissioner must
be reduced by 1.7 percent, effective July 1,
2008. The commissioner shall reduce all
grants awards affected by this paragraph by
an equal percentage.
new text end
new text begin Subd. 7. new text end
new text begin
State-Operated Services
|
||||||
new text begin
County Past Due Receivables.
new text end
new text begin
The
commissioner is authorized to withhold
county federal administrative reimbursement
when the county of financial responsibility
for cost-of-care payments due to the state
under Minnesota Statutes, section 246.54
or 253B.045, is 90 days past due. The
commissioner shall deposit the withheld
federal administrative earnings for the county
into the general fund to settle the claims with
the county of financial responsibility. The
process for withholding funds is governed by
Minnesota Statutes, section 256.017.
new text end
new text begin
Internet-Based Resource. Notwithstanding
Laws 2005, First Special Session chapter 4,
article 9, section 2, subdivision 10, base level
funding for the fiscal year beginning July 1,
2008, is zero for the evidence-based practice
for the treatment of methamphetamine
abuse at the state-operated services chemical
dependency program at Willmar. The
Internet-based resource developed as part
of the evidence-based practice must be
maintained by the commissioner.
new text end
new text begin
Community Behavioral Health Hospitals.
Under Minnesota Statutes, section 246.51,
subdivision 1, a determination order for
clients in the community behavioral hospital
operated by the commissioner is only
required when a client's third-party mental
health coverage has been exhausted.
new text end
|
new text begin
(a)
new text end
new text begin
Mental Health Services new text end |
new text begin
(225,000) new text end |
new text begin
(300,000) new text end |
||||
|
new text begin
(b)
new text end
new text begin
Minnesota Sex Offender Services new text end |
new text begin
-0- new text end |
new text begin
(2,329,000) new text end |
||||
new text begin
new text begin Sex Offender Program.new text end Per diem payment
rates for the Minnesota sex offender program
under Minnesota Statutes, chapter 246B,
must be reduced by four percent, effective
July 1, 2008. This reduction does not apply
to rates related to treatment service costs.
new text end
Sec. 4. new text begin COMMISSIONER OF HEALTH
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(3,624,000) new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2008 new text end |
new text begin
2009 new text end |
|
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
(4,059,000) new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
-0- new text end |
new text begin
435,000 new text end |
new text begin
The appropriation additions or reductions
for each purpose are shown in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Community and Family Health
|
new text begin
-0- new text end |
new text begin
(776,000) new text end |
||||
new text begin
Minnesota ENABL Program.
Notwithstanding Laws 2007, chapter
147, article 19, section 4, subdivision 2, base
level funding for the Minnesota ENABL
program under Minnesota Statutes, section
145.9255, for the fiscal year beginning July
1, 2008, is zero.
new text end
new text begin
Grants Reduction. Base level funding for
all general fund community and family health
grants issued by the commissioner, excluding
positive abortion alternatives grants, must
be reduced by 1.7 percent, effective July 1,
2008. The commissioner shall reduce all
grants awards affected by this paragraph by
an equal percentage.
new text end
new text begin
Base Adjustment. The general fund base is
increased for both fiscal years 2010 and 2011.
new text end
new text begin Subd. 3. new text end
new text begin
Policy, Quality, and Compliance
|
||||||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
(2,072,000) new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
-0- new text end |
new text begin
435,000 new text end |
new text begin
new text begin Grants Reduction.new text end Base level funding for all
general fund policy, quality, and compliance
grants issued by the commissioner, excluding
medical education and research costs
transition funding grants to the Mayo Clinic,
must be reduced by 1.7 percent, effective
July 1, 2008. The commissioner shall reduce
all grants awards affected by this paragraph
by an equal percentage.
new text end
new text begin
Base Adjustment. The general fund base is
increased in both fiscal years 2010 and 2011.
new text end
new text begin Subd. 4. new text end
new text begin
Health Protection
|
new text begin
-0- new text end |
new text begin
(38,000) new text end |
||||
new text begin
new text begin Grants Reduction.new text end Base level funding for
all general fund health protection grants
issued by the commissioner must be reduced
by 1.7 percent, effective July 1, 2008. The
commissioner shall reduce all grants awards
affected by this paragraph by an equal
percentage.
new text end
new text begin Subd. 5. new text end
new text begin
Minority and Multicultural Health
|
new text begin
-0- new text end |
new text begin
(73,000) new text end |
||||
new text begin
new text begin Grants Reduction.new text end Base level funding for
all general fund minority and multicultural
health grants issued by the commissioner
shall be reduced by 1.7 percent, effective
July 1, 2008. The commissioner shall reduce
all grants awards affected by this paragraph
by an equal percentage.
new text end
new text begin Subd. 6. new text end
new text begin
Administrative Support Services
|
new text begin
0 new text end |
new text begin
(1,100,000) new text end |
||||
new text begin
Base Adjustment.
new text end
new text begin
The general fund base is
increased $46,000 in fiscal years 2010 and
2011.
new text end
new text begin
Grants Reduction. Base level funding
for all general fund administrative support
services grants issued by the commissioner
must be reduced by 1.7 percent, effective
July 1, 2008. The commissioner shall reduce
all grants awards affected by this paragraph
by an equal percentage.
new text end
Sec. 5. new text begin VETERANS HOMES BOARD
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(1,000,000) new text end |
||
Sec. 6. new text begin HEALTH RELATED BOARDS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
2008 new text end |
new text begin
2009 new text end |
||||
|
new text begin
State Government Special Revenue new text end |
new text begin
$ new text end |
new text begin
114,000 new text end |
new text begin
$ new text end |
new text begin
200,000 new text end |
||
new text begin
new text begin Transfer from Special Revenue Fund.new text end
During the fiscal year beginning July 1, 2008,
the commissioner of finance shall transfer
$2,200,000 from the state government
special revenue fund to the general fund.
new text end
new text begin Subd. 2. new text end
new text begin
Board of Nursing Home
|
||||||
|
new text begin
State Government Special Revenue new text end |
new text begin
100,000 new text end |
new text begin
200,000 new text end |
||||
new text begin
Administrative Services Unit.
new text end
new text begin
The amounts
appropriated are for the administrative
services unit to pay for costs of contested
case hearings and other unanticipated
costs of legal proceedings involving
health-related boards funded under Laws
2007, chapter 147, article 19, section 6. Upon
certification of a health-related board to the
administrative services unit that the costs
will be incurred and that there is insufficient
money available to pay for the costs out of
money currently available to that board, the
administrative services unit is authorized
to transfer money from this appropriation
to the board for payment of those costs
with the approval of the commissioner of
finance. This appropriation does not cancel.
Any unencumbered and unspent balances
remain available for these expenditures in
subsequent fiscal years.
new text end
new text begin Subd. 3. new text end
new text begin
Board of Marriage and Family
|
||||||
|
new text begin
State Government Special Revenue new text end |
new text begin
14,000 new text end |
new text begin
-0- new text end |
||||
Sec. 7. new text begin EMERGENCY MEDICAL SERVICES
|
||||||
new text begin
Longevity Award and Incentive Program.
In fiscal year 2009, $3,000,000 must be
transferred from the ambulance service
personnel longevity award and incentive
trust to the general fund.
new text end
Sec. 8.
Laws 2007, chapter 147, article 19, section 4, subdivision 3, is amended to read:
Subd. 3.Policy, Quality, and Compliance
|
||||||
| Appropriations by Fund |
||
| General |
11,732,000 |
11,450,000 |
| State Government Special Revenue |
13,451,000 |
13,597,000 |
| Health Care Access |
10,748,000 |
10,049,000 |
Transformation Task Force. Of the health
care access fund appropriation, $170,000 the
first year is for the health care Transformation
Task Force.
Health Care Access Survey. Of the
health care access fund appropriation,
$600,000 in fiscal year 2008 is appropriated
to the commissioner to conduct a health
insurance survey of Minnesota households,
in partnership with the State Health Access
Data Assistance Center at the University
of Minnesota. The commissioner shall
contract with the State Health Access Data
Assistance Center to conduct a survey that
provides information on the characteristics
of the uninsured in Minnesota and the
reasons for changing patterns of insurance
coverage and access to health care services.
This appropriation shall become part of the
agency's base budget for even-numbered
fiscal years.
MERC Federal Compliance. Of the general
fund appropriation, $6,250,000 deleted text begin eachdeleted text end new text begin the firstnew text end
year deleted text begin isdeleted text end new text begin and $4,250,000 the second year arenew text end to
the commissioner to distribute to the Mayo
Clinic for the purpose of providing transition
funding while federal compliance changes
are made to the medical education and
research cost funding distribution formula in
Minnesota Statutes, section 62J.692.
The base level funding for 2010 and 2011
is deleted text begin $2,000,000deleted text end new text begin $1,000,000new text end each year. This
funding shall not become part of the base in
2012 and 2013.
Notwithstanding any contrary provision of
this article, this rider expires June 30, 2012.
Health Information Technology. Of the
health care access fund appropriation; (1)
$3,500,000 each fiscal year is to implement
Minnesota Statutes, section 144.3345; (2) up
to $350,000 each fiscal year is available for
grant administration and health information
technology technical assistance; and (3)
$3,150,000 each year is to establish a
revolving loan account under Minnesota
Statutes, section 62J.496. This appropriation
shall not be included in the agency's base
budget for the fiscal year beginning July 1,
2009.
Uniform Electronic Transactions. Of
the health care access fund appropriation,
$146,000 in fiscal year 2008 is for
development of uniform electronic
transactions and implementation guide
standards under Minnesota Statutes, section
62J.536. Funding for the 2010-2011
biennium shall be from the general fund.
Federally Qualified Health Centers. Of the
general fund appropriation, $1,500,000 in
each fiscal year is for subsidies to federally
qualified health centers under Minnesota
Statutes, section 145.9269.
Community Collaboratives. Of the general
fund appropriation, $300,000 in fiscal
year 2008 is to provide planning grants
to community collaboratives to cover the
uninsured. This is a onetime appropriation.
Base Adjustment. The general fund base
is $7,346,000 in each of fiscal years 2010
and 2011. The health care access fund
base is $3,503,000 in fiscal year 2010 and
$2,903,000 in fiscal year 2011. The state
government special revenue fund base
is $14,015,000 in fiscal year 2010 and
$14,002,000 in fiscal year 2011.
Sec. 9.
Laws 2007, chapter 147, article 19, section 5, is amended to read:
Sec. 5. VETERANS NURSING HOMES
|
$ |
43,184,000 |
$ |
45,206,000 |
||
Veterans Homes Special Revenue Account.
The general fund appropriations made to
the board may be transferred to a veterans
homes special revenue account in the
special revenue fund in the same manner
as other receipts are deposited according to
Minnesota Statutes, section 198.34, and are
appropriated to the board for the operation of
board facilities and programs.
Repair and Betterment. Of this
appropriation, $3,250,000 in fiscal year 2008
and deleted text begin $3,250,000deleted text end new text begin $2,250,000new text end in fiscal year
2009 are to be used for repair, maintenance,
rehabilitation, and betterment activities
at facilities statewide. This is a onetime
appropriation.
Base Adjustment. The general fund base is
$41,956,000 in each year of the fiscal 2010
and 2011 biennium.
Pay for Performance. (a) For fiscal year
2008, $50,000 shall be made available to
the board on January 1, 2009, only after
notification by the board to the commissioner
of finance and to the chairs of the relevant
house of representatives and senate finance
and policy committees that during the period
October 1, 2007, to September 30, 2008, the
Department of Health has not issued any
penalty assessments under the provisions
of Minnesota Statutes, section 144.653 or
144A.10, or any correction orders under the
provisions of Minnesota Statutes, section
144.653 or 144A.10, that the Department
of Health deems equivalent to findings of
either immediate jeopardy or substandard
quality of care, as defined in Code of Federal
Regulations, title 42, section 488.301.
(b) Regardless of whether this appropriation
is made available to the board, it shall be
part of base level funding for the biennium
beginning July 1, 2009.
Sec. 10. new text begin SUNSET OF UNCODIFIED LANGUAGE.
new text end
new text begin
All uncodified language contained in this article expires on June 30, 2009, unless a
different expiration date is specified.
new text end
Sec. 11. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective July 1, 2008, unless a different date is specified.
new text end